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2022-03-22 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 22, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Liz Strader Councilman Treg Bernt PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 1. Meridian High School Wrestling State Champions Day ACTION ITEMS 2. Public Hearing and Findings of Fact, Conclusions of Law for Apex West Subdivision (H-2021-0087) by Brighton Development, Inc., Located on the North Side of E. Lake Hazel Rd., Approximately 1/4 Mile West of S. Locust Grove Rd. Continued to April 12, 2022 A. Request: Preliminary Plat consisting of 208 building lots (207 single-family and 1 multi-family) and 34 common lots on 96.08 acres in the R-2, R-8 and R- 15 zoning districts. Motion to continue to April 12 made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 3. Public Hearing for Eagle Crossing (H-2021-0104) by Wadsworth Development Group, With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. Continued to April 12, 2022 A. Request: Modification to the Existing Development Agreement (Inst. #2019- 121599) for the purpose of updating the existing concept plan. Motion to continue to April 12, 2022 made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 4. Public Hearing for Victory Commons Condominiums (SHP-2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) Approved A. Request: Short Plat for 10 commercial condominium units on 2.42 acres of land in the C-G zoning district. Motion to approve made by Councilman Cavener, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 5. Public Hearing for Moberly Rezone (H-2021-0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. Approved A. Request: Rezone 0.159 acres of land from I-L to O-T to allow a duplex. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 6. Public Hearing Continued from January 11, 2022 for Heron Village Expansion (H- 2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. Approved A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building multifamily complex to allow an additional 36 units in two new buildings. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 7. Public Hearing for Copper Canary (H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. Continued to April 12, 2022 A. Request: Modification to the Existing Development Agreement (Inst. #104129529) to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan, removal of the requirement for conditional use approval of any future uses on the site, and requirement for access to be taken from the north via the future backage road with emergency only access from the south. Motion to continue to April 12, 2022 made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun ORDINANCES \[Action Item\] 8. Ordinance No. A-19-1812: An Amended Ordinance (H-2017-0142– Summertown) for Annexation of a Parcel of Land Located in Government Lot 2 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 15.17 Acres of Land from RUT to TN-R (Traditional Neighborhood Residential) Zoning District in the Meridian City Code; Providing that Copies if this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 7:42 pm Meridian City Council March 22, 2022. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March 22, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault and Brad Hoaglun. Members Absent: Treg Bernt and Liz Strader. Also present: Chris Johnson, Bill Nary, Alan Tiefenbach, Tracy Basterrechea, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, call the meeting to order. For the record it is Tuesday, March 22nd, 2022, at 6:00 p.m. We will begin this regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item is the community invocation, which tonight will be delivered by Cindy Reese. If you all would join us in the community invocation or take this as a moment of silence and reflection. Cindy, thank you for being here. Either one. Reese: Our Heavenly Father, we are so grateful to be here this evening. We are grateful to live in this community. Grateful to live in this country. We ask a special blessing at this time on the parts of the world our brothers and sisters who are involved in conflict that they may be protected, that this will be ended soon. We ask thee, Father, to be here, that our spirit-- that thy spirit will guide and direct the discussions and that good decisions will be made on behalf of the community. We are thankful for the service of those who choose to lead and we ask the blessing upon them and their families and we say this in the name of thy son Jesus Christ, amen. Page 55 Meridian City Council Item#4. March 22,2022 Page 2 of 38 ADOPTION OF AGENDA Simison: Thank you. Next item up is adoption of the agenda. Hoaglun: Well, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We do have a few changes to our agenda this evening. Item No. 2 is going to be continued in order for the city and the applicant to update the public hearing notices and update the project description to actually straight the increased acreage that is involved. Also on Item 3 and 7, we are going to open those for the sole purpose of continuing the hearing to a new date before we get to Items 4, 5 and 6. So, we will move seven up to like a 3-A and we will handle both those items and, then, with that, Mr. Mayor, I move we adopt the agenda with these modifications. Cavener: Second the motion. Simison: I have a motion and a second to adopt the agenda as modified. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AVES. TWO ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did, but they indicated they wanted to speak about the Item 4 Victory Commons and they have also signed up on that topic. PROCLAMATIONS [Action Item] 1. Meridian High School Wrestling State Champions Day Simison: Okay. Thank you very much. Well, then, we -- we get to have another proclamation this evening for Meridian High School. So, with that we will go ahead and go on down and if any of the Council Members want to join in their garb or otherwise, feel free to come down, but if I could have the coach and the team join me at the podium that would be great. Well, this is becoming a great tradition seeing Meridian High School come in for state championships, not only in wrestling, but we have had some of your other sports teams here over the last couple years and you see we are wearing last year's garb, so don't hold it against us. We would all like it and we wear it whenever we can. It just may be a little snugger than it was a year ago for all of us that -- it's coming out of winter. That's -- that's what that is. So, we -- we do take -- love this opportunity to congratulate our youth who are achieving highly in all things, but especially like to do it Page 56 Meridian City Council Item#4. March 22,2022 Page 3 of 38 for those in their athletic achievements and so we are going to do a proclamation. Their names -- we have another proclamation that goes into the record, so their name will always be in there on that proclamation. We don't try to do it -- so, I don't butcher everybody's name. But after we do this we would love to have all the team come -- after the coaches speak have all the team members come up and say their name, their weight, their year from that standpoint, so we can get that on the record. So, with that: Whereas being a Meridian High School wrestler is more than scoring points, escapes, takedowns, pins, and achieving state titles, it is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the mat, in the classroom, and in the real world and whereas after a year of adversity and injuries and not only state title for 34 years, back to back state championships showed just how far the Meridian wrestling program has come and whereas the hard work racked up 290.5 points, providing two individual champs, four second place finishers and eight more places to bring home the 2022 state wrestling championship trophy and whereas the Meridian Warriors conquered the competition for a second straight 5A state championship banner and whereas the leadership, training, and discipline of their coaches helped all team members to focus their talents, passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby proclaim March 22nd, 2022, as Meridian High School Wrestling State Championships Day in the City of Meridian and call upon the community to join me in congratulating the Meridian High Warriors on the remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Congratulations. Coach, would you like to come up and say a few words? Muri: Howdy, everyone. Hey, there is Isaiah Twait right on time. One of our fine homeschoolers. Yeah. Just really -- everyone that's here was there at the state tournament. It was a -- it was a wild year and a wild tournament. I'm just really proud of this team and the resilience they showed. A lot of adversity overcame at the tournament. We lost a couple kids to injuries and, yeah, they fought as a team top to bottom for those two days and definitely made some history. So, just super proud of--just of their grit and their toughness and really grateful for this group of kids. So, thank you. J.Muri: Hello. I'm John Muri, associate head coach, one forty-nine. But really proud of this group. This is a -- it was a wild ride and looking forward to running back for -- for a three-pete next year. But really awesome group. Simison: If each of you want to come up. I also have a City of Meridian pin that we will provide to you and, then, we will do a group picture after that. Sound good? Gooley: All right. Carson Gooley, wrestled at 195, and I'm a sophomore. Kimes: Zac Kimes, wrestled at 126, and I'm a senior. Arnold: Gabe Arnold, 98 pounds, and a freshman. Papa: Matthew Papa. Well -- Matthew Papa, 120, and I'm a sophomore. Page 57 Meridian City Council Item#4. March 22,2022 Page 4 of 38 Mack: Parker Mack. Wrestled 152. I'm a senior. Howie: Judah Howie. One thirty-eight. Also a senior. Argana: Fabrizio Argana. Wrestled at 190 and I'm a sophomore. Smith: Alex Smith, 220, and I'm a junior. Ohlund: Lizette Ohlund, 126, I'm a junior. Sears: Lucas Sears, 170, senior. Gonzales: Jamiah Gonzalas, 106, I'm a freshman. Dickerson: Teigan Dickerson, senior, 113. Smillie: Tristan Smillie, 160, and I'm a junior. Sunada: Brodyn Sunada, 152, and I'm a senior. Mara: Jason Mara, 138, and I'm a sophomore. Ramos: Hunter Ramos. I'm 145 and I'm a senior. Twaite: Isaiah Twait, 170, and I'm a junior. Hoaglun: Well, Mr. Mayor, as you are getting the podium ready for our meeting time, just want to comment as an alum of Meridian High School I'm -- I'm -- I'm looking forward to a dynasty starting right now. I think that would be awesome. We can bring these up every year and -- and for the guys -- they can -- I think they can still hear me out there. Remember this moment when you spoke before City Hall. Okay? Remember the weight you said, because 40 plus years later you are going to go I weighed that? Anyway, just a piece of advice. ACTION ITEMS 2. Public Hearing and Findings of Fact, Conclusions of Law for Apex West Subdivision (H-2021-0087) by Brighton Development, Inc., Located on the North Side of E. Lake Hazel Rd., Approximately 1/4 Mile West of S. Locust Grove Rd. A. Request: Preliminary Plat consisting of 208 building lots (207 single- family and 1 multi-family) and 34 common lots on 96.08 acres in the R-2, R-8 and R-15 zoning districts. Page 58 Meridian City Council Item#4. March 22,2022 Page 5 of 38 Simison: All right. Council, so with that first item up is Item 2, public hearing and Findings of Fact, Conclusion of Law for Apex West Subdivision, H-2021-0087. The public hearing is still open. Mr. Nary. Nary: Yes. Thank you, Mr. Mayor, Members of the Council. So, in our conversation yesterday with Planning and with the applicant we realized as we resolved the issues of the land that we had discussed at the prior hearing about whether there is a parcel or the entire parcel, we reset it, we added 34 acres onto this parcel and we didn't send a new notice out. So, I spoke with them, they are in agreement, we will renotice it for the April 5th meeting. That's the only glitch in this and so we just asked for a continuance to that date and we can finalize the -- Simison: April 12th. Nary: April 12th. Yes. You are right. April 12th. I apologize. Simison: Council, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And I move that we continue the public hearing for H-2021-0087 to April 12th. Cavener: Second. Simison: I have a motion and a second to continue the public hearing until April 12th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. 3. Public Hearing for Eagle Crossing (H-2021-0104) by Wadsworth Development Group, With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. A. Request: Modification to the Existing Development Agreement (Inst. #2019-121599)for the purpose of updating the existing concept plan. Simison: So, next up is a public hearing for Eagle Crossing, H-2021-0104. This -- I -- I know that this -- do we open this one or do we not do anything since the posting was incorrect? Nary: So, Mr. Mayor, yes, so this one the posting was incorrect, so we can't open the public hearing, so it is just a continuance. Page 59 Meridian City Council Item#4. March 22,2022 Page 6 of 38 Simison: Okay. Do we need a motion to continue it? Nary: Yes. Simison: Okay. No, he said we don't open it, because it wasn't -- that's what I was trying to figure out. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we continue H-2021-0104 for April 12th. Cavener: Second. Simison: I have a motion and a second to continue the public hearing until April 12th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued until April 12th. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Next up is a public hearing for Victory Commons Condominiums, SHP-2022- 0002, and we will open this public hearing with staff comments from Alan. Oh, I'm sorry. I apologize. So, I need to do Item 5 next or seven next? Nary: Seven. 7. Public Hearing for Copper Canary (H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. A. Request: Modification to the Existing Development Agreement (Inst. #104129529) to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan, removal of the requirement for conditional use approval of any future uses on the site, and requirement for access to be taken from the north via the future backage road with emergency only access from the south. Simison: Okay. Okay. Sorry. Next up is public hearing for Copper Canary, H-2022-0009. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we continue H-2022-0009 to April 12th. Page 60 Meridian City Council Item#4. March 22,2022 Page 7 of 38 Perreault: Second. Simison: I have a motion and a second to continue the public hearing until April 12th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the hearing is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. 4. Public Hearing for Victory Commons Condominiums (SHP-2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) A. Request: Short Plat for 10 commercial condominium units on 2.42 acres of land in the C-G zoning district. Simison: Now going back to Item 4 is a public hearing for Victory Commons Condominiums, SHP-2022-0002. Open this public hearing with staff comments from Alan. Tiefenbach: Greetings, Mr. Mayor, Members of the Council. Alan Tiefenbach, planner with City of Meridian. This is a proposal for a short plat. The property is zoned C-G, located at the northeast corner of South Meridian Road and East Victory Road. The subject property contains a -- just about a 30,000 square foot building, which was approved by CZC in 2020. At the time the CZC was approved the property was constructed on a lot that was in the Mussell Corner Subdivision. Sometime after that in June of 2020 the property was replatted as Victory Common Subdivision. First it was Lot 4, Block 1, then, they did some adjustments to the lot and, then, it became a Lot -- Lot 2 of Block 2. This proposal is merely to subdivide the existing building into ten tenant spaces. So, nothing other-- nothing else is happening. You would remember the second plat came in front of you a few months ago, Council, that you approved. Again, so this building is existing and they are just subdividing it into ten airspaces for ownership purposes. We have deemed it as being in compliance. That's really it for this presentation, Council. Simison: Thank you. Council, any questions for staff? Okay. Is the applicant here? State your name and address for the record and be recognized for 15 minutes. Petersen: Yes. Mayor, Council, Tonn Petersen, 2775 West Navigator, Suite 220, in Meridian. My name again is Tonn Petersen. I'm with Ball Ventures Ahlquist. I don't need the full 15 minutes, just need a couple of minutes. It's already been stated pretty clearly and we are very appreciative of staff and their -- and their help. As -- as was stated this is a final -- well, before Council previously, dating back two years, a final plat consisting of four commercial lots and approximately 16.74 acres in C-G zoning district. This is what we refer to as Victory Commons. The phase one plat of that development was recorded in 2020 and, then, I think several weeks ago -- in fact, it was four weeks ago the phase two plat came before Council. That's now being routed. And as stated there is a 30,000 Page 61 Meridian City Council Item#4. March 22,2022 Page 8 of 38 square foot flex building as we call it, that will have multiple tenants who will own individual units. In that flex building on this phase one and for that reason we have put forth the commercial condo plat and we are just appreciative of -- of Council, we are appreciative of staff. I believe, Mr. Mayor, was -- was at the groundbreaking of this site several years ago and it's -- it's amazing to see how fast it's -- it's sprung up from there. So, just really wanted to express appreciation on behalf of the company for the -- the assistance that we have been provided, as well as appreciation to the surrounding neighbors. Of course, development and change is hard and we have enjoyed a -- a dialogue with the neighbors and are always looking forward to -- to find ways to -- to create that continuing dialogue with them. So, with that I stand for any questions. Simison: Thank you. Council, any questions for the applicant? Petersen: Thank you very much. Simison: Thank you. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, we had three people sign up, none indicated a wish to testify, but I believe some members of the public are here with questions. Simison: Okay. If there is anybody that would like to provide testimony, if you would like to come forward now. Please come forward and if you can state your name and address for the record and you will be recognized for three minutes. Brown: My name is Tammy Brown and I live directly behind at 2985 South Andros Way. I just became aware of this from this mailer. My questions are -- is I would like to know the height of the project and the impact of the traffic. Are already right now -- because the Kuna traffic is just -- you can't even get out on Meridian without really having to really punch it to get out. So, the traffic is a big impact there. I wanted to know how much more traffic those would generate. And also construction hours. What time the construction would start, how early in the mornings, the types of heavy equipment. Are there going to be lots of dirt, because we had that nursery there before and everything around our house is filthy at all times. I wanted to know the type of construction dust and if there are going to be lots of obstructions, you know, blocking off roads to get in and out of the -- because it's -- it's a big area right there. So, I just -- I was just wanting to know the impacts to us as neighbors. Thank you. Simison: Thank you. Council, questions? Okay. Is there anybody else that would like to provide testimony on this item? Or if there is anybody online you can use your raise your hand feature. Seeing none, would the applicant like to come and close? Petersen: Thank you, Mr. Mayor, Council. Appreciative of -- of I believe Ms. Brown's questions and I will make myself available to provide more -- more detailed information, both hereafter and also can -- can meet with Ms. Brown on site to just answer anymore further detailed questions. On a very high level, the good news is in terms of the construction hours, this project, that the flex building, is near completion. The construction Page 62 Meridian City Council Item#4. March 22,2022 Page 9 of 38 hours are -- they do not exceed what's required under -- under city code and -- and I can certainly provide that detail to -- to Ms. Brown and in terms of the traffic, the -- the impact has been addressed through the traffic impact study. The existing traffic that we have now has been mitigated somewhat by a U-turn that's been -- some enhancements along the existing arterial roads, including a U-turn there at Meridian, which doesn't seem like a -- a big deal, but it actually is an incredible enhancement in terms of keeping the traffic flowing through that site and so happy to provide that -- that information. Again, I will provide my -- my personal contact information and can meet Ms. Brown and any other neighbors who would like to out at the site this week. The height of the project I -- I have Hallie Hart, our associate engineer, with us here today. We are checking the specifics of that, but I believe it was approved at 30 -- not to exceed 38 feet and I believe it's at 32 feet is what -- up to the parapet. That may be off by a foot or two, but, again, I can make sure I have that exact information for Ms. Brown. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: No questions specifically. I just wanted to say that -- just to clarify that the purpose of our hearing is -- here this evening is just to decide if the applicant is permitted to split this into commercial condominiums where they can individually sell. It doesn't have to do with approval of the building, building size, or location. So, thank you to the applicant for being willing to answer those specific questions. I hope you can connect this evening. Petersen: Thank you. Simison: Thank you. Council, any additional questions? Petersen: Okay. Thank you. Simison: Thanks. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No questions, I -- I move that we closed the public hearing on No. 4, SHP- 2022-0002. Perreault: Second. Page 63 Meridian City Council Item#4. March 22,2022 Page 10 of 38 Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Item 4, short plat for Victory Commons Condominiums, SHP-2022-0002 as presented in the staff report on the date of March 22nd, 2022. Thanks for the -- Perreault: Second. Second that motion. Simison: I have a motion and a second to approve Item SHP-2022-0002. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A quick comment on me dovetailing on Council Member Perreault's comments. Ms. Brown, I appreciate you coming and testifying tonight and I know it's frustrating when you get a card about a project and you want to come and learn more. This annexation was before us about a year ago and I will tell you Council discussed height at great distance. I live one neighborhood over you off of Victory, so the impacts on -- on Victory and Meridian Road were discussed at great lengths up here and I think that the applicant has done a good job of responding to a lot of the concerns from Council at that time and I appreciate the applicant wanting to meet with you one on one to make sure your specific questions are addressed as well. Okay. Not a problem. That's -- that's why-- Mr. Mayor, sorry. Simison: Councilman Cavener. Cavener: I know that we don't try and talk when people aren't on the record, but that's the reason why we have these meetings, so the public can learn more and get their questions answered. So, with that, Mr. Mayor, I'm happy to call for the question. Simison: Okay. Perreault: Mr. Mayor? Simison: The question has been called -- Page 64 Meridian City Council Item#4. March 22,2022 Page 11 of 38 Perreault: Oh. Simison: Would -- would -- Cavener: I'm happy to -- to relinquish if Council Member Perreault has got some comments or questions. Simison: The question has been removed. Council Woman Perreault. Perreault: Question -- which question has been removed. I'm sorry. Simison: Oh. The question that he -- he basically called for the vote. Simison: Oh. Got it. Yes. I did not have any further questions. I just wanted to follow up on something that -- that Councilman Cavener had stated. If you would like to get in touch with the city clerk here, Chris, he can give you the link to the project. That was originally approved and you can look at what was intended with maps and information and you might be able to also access that from our website, just so you can understand fully what's intended to happen there. Sorry about that. Thank you. Simison: Okay. With that ask the Clerk to call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the item is agreed to. Thank you. Have a good evening. MOTION CARRIED: FOUR AYES. TWO ABSENT. 5. Public Hearing for Moberly Rezone (H-2021-0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. A. Request: Rezone 0.159 acres of land from I-L to O-T to allow a duplex. Simison: Next item up is a public hearing for Moberly Rezone, H-2021-0089. We will open this public hearing with staff comments. Tiefenbach: Thank you, Mr. Mayor, Members of the Council. So, this is a proposal to rezone from I-L to OT. The property is roughly .16 acres in size, zoned I-L, located south of West Broadway Avenue between Northwest 2nd and Northwest 1st, literally just a five minute walk down the street here. Okay. So, the subject property is an existing vacant lot. Again, like I said, consisting of .16 acres, which is zoned I-L along Northeast 1st Street. I will go to some pictures here. If you look at the picture on the right that's Page 65 Meridian City Council Item#4. March 22,2022 Page 12 of 38 Northwest 1st Street. This is predominately single family, multi-family, and duplexes. Nearly all of this is at least 50 years of age. Some of these houses actually go back longer than that. West of the property is a mixture of industrial uses. A food bank, a religious facility and residential, both single family and attached. There is actually industrial directly behind the subject property. North of the property is single family attached and multi-family. One of the properties approximately a hundred feet to the north, you can see here, is actually already zoned OT. There are railroad tracks here. It's about 200 feet south of the property and there is an alley, which you can't see very well, but it borders the property and that is what you can see in that picture there. The applicant proposes to construct a duplex on the subject property once the rezone process is concluded. Although the plan does specifically mention multi-family residential over ground floor retail or office uses being part of Old Town, the property is surrounded on three sides by existing one story residential and multi-family, with only a small number of industrial and non-residential uses. Although a work/live situation is possible, because the subject property is on a residential street with no commercial frontage, staff finds the proposed residential use in this area would be appropriate. The subject property would be alley loaded. That's, again, what you see here. This -- the reason for this is it brings the building closer to the street and it removes garages and driveways from the front view of the house. This is consistent with the new urbanist principles where you want to have houses brought to the street, buildings brought to the street, porches, those kinds of things and you want to deemphasize garages. Access would occur via this alley. This is the alley here. I actually did what I call the Tundra test, which is my gigantic truck and was able to get it back there to where the -- if I can get my truck back there you can land a 747 back there. So, there is enough room to get in the --the actual access to the property is right on the other side of this little shed here. You can see that's the alley back there where that fence is. At present, although you can't really see it, there is a dumpster blocking the alley. That's what you see here. The way that you have to get in at present, because of that -- that dumpster is you have to come down Broadway and, then, you go south on North 2nd and, then, you turn and go east on Railroad Street and you -- you come up into the alley here. This is a one way street here. Staff supports the -- staff supports this application and recommends approval. However, at the time we did think there needed to be some adjustments made to the duplex. The original version, which you saw in the staff report, it showed like a combined front entrance inset for both units and there wasn't really any overhang, it didn't really -- it wasn't really consistent with that new urbanist principle, the front porches, and that whole thing. Because it's near the downtown core and provides for Old Town, that was one of the things we thought would be an element of that. Its walkability. Its sociability. Its sense of community. This being the first project developing in this area, we wanted to make sure that we set the right pattern for things to continue like that. That was our recommendation -- recommended condition of approval at the Planning Commission. Since that time the applicant has submitted revised elevations. So, originally, there was just an inset here. Since that time they have put on a little porch over here. I think it's six wide by 30 long. They could probably double check. They -- they could probably correct me on that, but this is sufficient size. We just want to make sure there was enough room for somebody to actually be able to sit out in front of their duplex on a summer day or even a cold day. Meridian Planning and Zoning heard this item on February 3rd at the public hearing. The Page 66 Meridian City Council Item#4. March 22,2022 Page 13 of 38 Commission did move to approve this subject zone request. Their only comments were that they -- the Planning Commission wanted to make sure architectural design and materials were generally consistent with the neighborhood aesthetics, which totally makes sense. I looked at this -- if you look at a lot of the buildings in the neighborhood - - and you can see them here -- a lot of them are brick and clapboard siding with pitched roof and dormers and that was what I had originally talked to the applicant about to make sure that the architecture -- we don't -- we don't want to mimic the historic structures, it's one of the principles of historic preservation, but we did want it to respect the historic structures. There were a few -- there were a few citizens that showed up to the hearing. The concerns they expressed were about, first of all, being two stories. They had some concerns about the alley. The alley is being used for things other than parking or-- or the alley is being used for parking and the alley is being used -- like they have a --a dumpster, like I said, blocking the alley. The alley is actually a public right of way. It shouldn't be used for parking. So, there was some concerns about the access occurring in the parking. Staff reminded the Planning Commission and the -- and the citizens that you can't park in the alley. That's a public right of way. The public gets to have access if it's a public right of way. There was some comments about the -- the area being industrial and some concerns about whether the rest of it was going to turn residential. The one thing I wanted to mention is there was a lot of discuss on the -- there was some discussion with the Planning Commission and the citizens on the two story nature of the house and it's important to mention to you that the Old Town zone district requires a building to be two stories and at least 35 feet high. You can't actually build a one story building in OT. It has to be two stories. That's, again, to -- to try bring that -- that -- that Old Town walkability and building going -- you know, allowing additional density and trying to promote commercial on the bottom and -- and residence on the top. So, with that it's a very simple rezoning. I think the applicant is here this evening and with that I would stand for any questions. Simison: Thank you, Alan. Just on that last point, I -- I thought that it -- single family residential or residential -- is it because it's not a single family residential, it's a duplex that it's -- that there wasn't the 35 foot height requirement on all structures if they were just residential, but maybe it's because it's not single family residential. Tiefenbach: The -- no. The Old Town recommends that -- that structures be at least 35 feet high. It could -- most of this neighborhood is all is zoned in I-L. The only structure right now that is -- there is only one piece that's zoned OT at this point, but OT requires 35 feet height and at least two stories. Simison: Okay. Council, only questions? Tiefenbach: It's the -- it's the only zoning district I know of really in the city where instead of saying this is your maximum height, it says this is your minimum height. Simison: I knew it was a minimum, but I didn't think it applied to only residential structures. Tiefenbach: It's -- it's all structures in OT, sir. Page 67 Meridian City Council Item#4. March 22,2022 Page 14 of 38 Simison: Okay. Is the applicant -- Borton: Mr. Mayor? Simison: Mr. Borton. Borton: Real quick. Alan, is this -- this has to go through design review before it gets a permit anyway; correct? Tiefenbach: Yes, sir. This -- because this is a duplex this is required to go through design review. Borton: Okay. Thanks. Simison: All right. Is the applicant here this evening? Online? It looks like they might be in the waiting room. Johnson: Being promoted to a panelist right now. I just have to accept that. There it is. Simison: If you can state your name and address for the record. Sorry, I can't get in and see what's going on. Johnson: Unmuted now, Mr. Mayor. Simison: Okay. Argon: Carl Argon. 4515 East Copper Point Drive, Meridian, Idaho. 83642. Simison: Okay. Argon: Yeah. I'm the applicant, Carl Argon. You know, we are excited to get this thing approved and through the process. We are -- like Alan said, we are going to work with design review once it's rezoned to make it something that the city is going to, you know, approve of and be proud of and we are happy to set the standard for whatever else comes down that way in -- in the neighborhood. So, we think we will put a good product out there and something that the neighbors and the community will enjoy and it will be better than a vacant piece of property that's sitting there right now, so -- Simison: Okay. Council, any questions for the applicant? Yes, Alan. Tiefenbach: I just wanted to confirm. I read in the UDC to make sure I was answering your -- your question correctly. It is all buildings are required to be 35 feet or two stories. Simison: Okay. All right. Seeing no questions from Council for the applicant, Mr. Clerk, do we have anyone signed up to provide testimony? Page 68 Meridian City Council Item#4. March 22,2022 Page 15 of 38 Johnson: Mr. Mayor, we did not. Simison: Okay. Well, if there is anybody that would like to provide testimony on this item, if you would like to come forward at this time and you will be recognized for three minutes or if you are online use the raise your hand feature. All right. Seeing nobody who would like to provide testimony on this item, does the applicant wish to have any final comments? Argon: I do not. Simison: Okay. Then with that, Council, I will turn it over to you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Alan, just a -- a quick question for you. About this dumpster, I get -- I get that there is -- you can't be parking in a -- in an alley. Is -- can a dumpster be placed there? Do we know who it belongs to? Have we communicated to the owner? Any-- I know that maybe this may be more of a code enforcement question, but because you -- you brought it up I'm coming to you first. Tiefenbach: Sorry. Councilors, Mr. Mayor, I do not -- if you look down the alley here you can see the green dumpster here. That -- the reason why I found that is because I was going to try to drive down this alley and I couldn't do it. I think that's the -- the food bank there. No, you can't put a dumpster in the alley. That -- nobody is complaining, because nobody is really going back there. Nobody is developed. But you can't park in the alley. You can't put a dumpster in the alley. It's a public right of way. It would be a code enforcement issue if we wanted it to be. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We have a representative of the Meridian Food Bank here. Maybe they can shed some light on that, since they are in the area. Simison: I'm happy to take public testimony, since we are not there and we can give the applicant time to respond afterwards, so -- state your name and address for the record, please. Clark: Dan Clark. Meridian Food Bank. The address -- Simison: The food bank is just fine. Page 69 Meridian City Council Item#4. March 22,2022 Page 16 of 38 Clark: 133 West Broadway Avenue in Meridian. The purpose of the dumpster -- the dumpster belongs to the gentleman behind the food bank. He puts it out there on the day of pickup and the truck comes in, picks it up, empties it and, then, comes over to the food bank. So, that dumpster is only--they are pushed out there like on Wednesday mornings before 9:00 o'clock or so and, then, it's gone. Simison: Council, any questions? Thank you. Hearing that, would the applicant like any final comments? Argon: Yes, I would like to make some comments. You guys can hear me; right? Simison: Yes. Argon: I -- I had to go out there to post the sign for the public hearing notice for City Council and Planning and Zoning. Each time I went out there during the week nights the dumpster was not there. I also went back to take down my sign after Planning and Zoning Commission on a weekend. The dumpster was not there. So, I'm not very concerned about the dumpster. It doesn't seem like it's a permanent thing. That car wasn't also blocking the alley as well. So, I'm thinking maybe Alan just -- it was just luck that you saw it out there the way it was, but each time I have gone out there it hasn't been that way, so -- Simison: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Question for Alan. Alan, on page two of the staff report it shows a boundary map and, then, of course, there is a new legal that was recorded recently. Is this overlapped parcels? Is this going to be divided into two parcels separately or is this going to stay on the one parcel as it is? Tiefenbach: Thank you, Council Person Perreault, Members of the Council. It is confusing. It does look like two parcels. It is actually one. The -- I know that's what it looks like on the -- and I had the same question to Bill Parsons and we researched it. For whatever reasons it's showing it two, but it is actually -- the record of it shows it to be one parcel. It's going to be one duplex on one parcel. Perreault: Okay. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for H-2021-0089. Page 70 Meridian City Council Item#4. March 22,2022 Page 17 of 38 Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor, just a comment before I make a motion. Simison: Councilman Hoaglun. Hoaglun: It's exciting to see a vacant lot in Old Town being built upon and have some life to it and I think it's a good thing as -- as we learned about minimums for Old Town and two stories. So, that was enlightening. So, I -- I would move approval of after all -- after considering all staff, applicant, and public testimony, I move to approve H-2021-0089 as presented in the staff report for the hearing date of March 22nd, 2022. Borton: Second. Simison: I have a motion and a second to approve Item H-2021-0089. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries. The item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. 6. Public Hearing Continued from January 11, 2022 for Heron Village Expansion (H-2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building m Simison: So, our next item is a public hearing that was continued from January 11th, 2022, for H-2021-0027. We will continue this public hearing with any comments from staff. Page 71 Meridian City Council Item#4. March 22,2022 Page 18 of 38 Tiefenbach: Thank you, Mr. Mayor, Members of the Council. I'm not going to go through the whole thing again, because I think we have all heard this very many times. Just -- just so you know what you got it on last week's episode, I hope you get caught up. The property is -- this is for an annexation, rezoning, and conditional use. The property is located southeast intersection of North Meridian, East Blue Heron Drive. It's six properties. Five of them are already in the city. One of them is not and this is what you see here, R-1 in the county. The purpose of this -- there is now five apartment buildings with 108 units. They want to build two new apartment buildings on this R-1 zoned lot and 32 new units. A conditional use was approved for the original complex in 2013. We had a pre-app. The applicant, again, wanted to build 36 more units in two buildings. This was initially heard by the Council on October 12th. Since this time it's been continued a few times. It most recently came on December the 7th and, again, was, then, continued to this date. The issue has been parking, particularly the issue with parking overflow onto East Blue Heron Lane and the impacts on the residents of the Heron -- Heron Brook townhouses to the north. Also the Council requested the applicant to justify the number of spaces they are proposing and looking at some of the parking information that might be provided from the property management company. So, this was the original proposal that you saw that came in front of you originally. All that's grayed out is the existing and this was one building, this was the other building, and, obviously, the rest is parking. There was an open space here of 70 by 100. Since the last Council the applicant has resubmitted new drawings. First of all, the -- so, what you are seeing here that's different is that this Building G has now been moved up to the East Blue Heron Lane and this Park has been moved to the -- down towards the middle. Part of the reason why they did that is because people have a tendency to want to walk to the building where -- to park where the building is closest and if you move the building up toward the street and widen the parking lot, which is what you see over there, it will help to incentivize people to park in the lot in front of their buildings. Since -- since the time of the Council hearing there has been a couple of other things that the applicant has done. The applicant indicates -- let me see here. Okay. So, with phase one there was 108 apartments and five buildings that required 204 parking spaces and they--with phase one provided 207 parking spaces. With -- let me close this little window. It's in my way here. Okay. So, phase two is -- again, It's 36 apartments in two buildings. Their required parking is 69. They have got a certain number of covered parking and their-- their provided parking is 89. So, what they have done -- they have -- they have done a few things differently between the last time this -- the first thing is that that 35 of those stalls they have made them larger. The -- the city of -- City of Meridian requires nine feet long by 19 feet long for a parking space. In this particular case they are doing 11 by 20. They are saying that this is to satisfy some of the larger trucks, like, for instance, my Tundra. I think that the thing that is more important is -- one of the significant issues that they have had is they have all these covered garages in the original phase and though -- not cover. Sorry. Fully enclosed garages with a garage door. And what the problem has been -- not with just -- not with these apartments, but a lot of different apartments is that people tend to use those garages for storage and, then, they park their car somewhere else. So, all those parking spaces are basically useless in the garage. If you remember our recommendation with phase two, because of the parking issue, is that we -- we proposed to you and to the Planning Commission that only carports would be allowed in this development, because Page 72 Meridian City Council Item#4. March 22,2022 Page 19 of 38 it would keep people from storing things in their garages and parking elsewhere. The applicant with this proposal is -- is now suggesting to take the garage doors off of the existing garages in phase one, all of them, and, basically, only allow carports in the entire development. Again, with the idea that all of that storage that used to be in the garage would now have to go into their apartments or they have to get rid of it and parking will be used for cars. It's -- it's a lot easier to enforce whether or not you are parking in your garage if you can look into the garage and make sure that they are not full of stuff. The other thing is they have talked to Fire Department and ACHD and they are proposing to put no parking on the north side of East Blue Heron. The neighbors across the street have had concerns with cars parked all along that side of the road, parked along near the corner, so you can't see when they are trying to pull out on Meridian. So, they are proposing to stripe East Blue Heron Road. So, again, the differences are larger -- 35 of the parking spaces will fit a Toyota Tundra. They are proposing to make all of the garages carports and they are proposing to stripe the north side of East Blue Heron Drive. And with that I think that is everything on my presentation. I -- I talked a little -- I mean I kind of went back and rehashed on what our recommendations are. They -- they meet all the requirements, so this is why we recommend approval. In fact, they exceed the requirements. The applicant is going to have to widen the pathway between East Blue Heron Lane and North Eureka. There is a -- a lateral pathway there now and they are going to widen it, so that they have a secondary emergency access only for the Fire Department. There would be posts or something like that so people can't drive there. We had concerns with all the condenser units for the AC being along the front of the building. We thought it would be a little more aesthetically pleasing -- pleasing if they at least had to soften them up with landscaping and -- and, then, again, as I said, covered parking shall only be provided by carports and if the Council was supportive of what the applicant is -- is suggesting, then, you would probably want to add a condition of approval that the existing carports in phase one be convert -- or sorry. The existing enclosed garages in phase one be converted to carports, which, again, would keep you from storing all your stuff in the garage. I hope. With that I have no other comments. Simison: Thank you, Alan. Council, any questions for staff? Perreault: Mr. Mayor? Hoaglun: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Alan, did -- did they -- the -- the parking spaces that are -- that have been widened and lengthened, did they actually like restripe and add -- are they going to restripe and add some in different areas of the entire complex of phase one or is it just all added into this east side in phase two? So, that -- that doesn't really solve our problem, because we are still going to have people that live way on the west side of the development and they are not going to park their larger truck way on the east side just because the spot is bigger. Page 73 Meridian City Council Item#4. March 22,2022 Page 20 of 38 Tiefenbach: What I'm seeing, Council Person Perreault, Members of the Council -- and I very well could be wrong. It will probably look to the applicant, because I wasn't prepared for that question. What I'm seeing -- are showing the larger parking spaces down here on the east. Certainly you are privy to tell him to restripe however you would like. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Alan, for the no parking on the East Blue Heron north side of that, is that something they have to go through ACHD to accomplish and get approval or can we condition that as well? Tiefenbach: I'm sorry, one more time. Hoaglun: The north side they are proposing to make that no parking. It was a previous discussion we had about -- to help reduce impact to the residents on the north -- Tiefenbach: Correct. Hoaglun: -- side, that they would make that a no parking area on that north side. Tiefenbach: Correct. Hoaglun: Is that, though, up to ACHD to make that determination? Tiefenbach: Ultimately the ACHD, but my understanding is ACHD was supportive of that. I believe Joe Bongiorno might have had some discussion with them. I will --for sure. But, yes, it's ultimately their right of way, so they get to decide. My understanding was they did not like the idea of both sides of it being striped. So, yes, ACHD ultimately would be the one that would decide. So, you could -- you could condition this and they could say no. Hoaglun: Okay. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just before maybe we jump into the public hearing portion --or the presentation of the applicant, I just wanted to notate for the record -- while I was here for the initial presentation, I did miss the continuance in December, but I watched it online and followed through on the minutes and feel prepared to be involved in the conversation tonight. Simison: Thank you. Council, any other questions for staff? Okay. Is the applicant here this evening? Page 74 Meridian City Council Item#4. March 22,2022 Page 21 of 38 Johnson: Mr. Mayor, I --this is Chris. I have -- Mr. Powell is the applicant. I have unmuted him, but I see Mysti Stelluto as well, so I'm going to allow her -- I'm not sure who is representing the applicant. Stelluto: Hello. This is Mysti Stelluto. Can you guys hear me? Simison: Yes, we can. Stelluto: All right. I am representing the applicant Heron Village Apartments. I'm with Dave Evans Construction. Tamara Thompson with The Land Group is unavailable tonight. We have Rob Powell, our architect with Dave Evans, available, as well as Summer Haven, who is the management -- with the management company for Heron Village. Want to thank you all for seeing our application again and we look forward to bringing this forward one more step for approval. As Alan was saying with our Option I, which is that newest site plan that you all see right there, that does provide wider stalls, as well as relocating the open space and touching with the wider stall option we are providing 16 stalls that are nine foot by 20, which is greater than code requires and, then, those 35 stalls that are 11 by 20. And to address the question that one of the Council Members asked earlier about restriping phase one, that is going to not be very possible due to the fact that the carport post spacing has determined the spacing of the carport stalls and so unless, you know, the -- the carports are -- are redesigned and redone we are not able to restripe those. We believe that making those garages deluxe carports by removing the garage doors that will help greatly with allowing more residents to be parking closer to building C and D, since they could just pull in and pull out, they don't have a garage door, plus they won't be able to use those for storage as well. The thing to take note of is the property management has done a lot of things to figure out why the parking situation is the way that it is. They have done numerous audits throughout the -- the last couple months. Dave Evans Construction has done audits on site the last couple weeks, as well as doing tenant questionnaires to really see why the tenants are parking where they are parking and it was determined that -- that there is plenty of parking internally for everybody to have a spot and to park, but the tenant questionnaires provided was those stalls are just either inconvenient or they are not large enough for the vehicles that they do have. And so property management practices, then, needed to be changed to also make parking within the community more convenient and so what the -- the property management company has decided to do was make all in community parking free of charge. So, the garages are going to be free. All the covered and uncovered parking stalls are free. They have also given one garage space to every three bedroom unit free of charge and so that's a huge difference from before and, then, they are still continuing to educate residents of using the garages for parking. Now, we are proposing to remove those overhead garage doors, which will, like I said, create those deluxe carports, which make additional parking a lot easier to park within the community, but in the meantime before that's been approved they are having those garages free of charge and educating the residences. With our Option I, like I stated, we are providing larger stalls. Now, they are not centrally located like in phase one, so people with larger vehicles will have to walk a little ways, but still we are providing ample larger parking stalls for those larger vehicles to park and we are not proposing anymore garages and the only cover parking stalls that Page 75 Meridian City Council Item#4. March 22,2022 Page 22 of 38 we are going to provide is what code requires. Everything else is going to be uncovered, which will also help curb that issue with the larger, taller vehicles not being able to park under those carports. Regarding the no parking along East Blue Heron, that definitely is something that we are willing to work with ACHD and the city about. We have learned with our discussions with ACHD that that is something that needs to be brought up by the city and the city needs to -- to request that from ACHD. We have to be on board with it as well and that will only allow ACHD to go and do like a study to see if no parking is actually warranted on East Blue Heron. That doesn't -- that doesn't say that they are going to approve it or they are going to -- they are going to stripe it or -- or sign it no parking. That just allows them to do the study since ACHD feel that East Blue Heron was constructed and designed for parking on both sides of the street they are really hesitant to -- to not allow that to happen, because that's why that road was designed the way that it was. But we are more than -- we are more than happy to cooperate with -- with you and ACHD to get that study going to see if -- if -- if the no parking is even possible from ACHD's perspective. We do agree that at least no parking should be on that north and south side just west of -- I'm sorry -- just east of Meridian Road west of North Richter Lane. That will definitely help with the Fire Department's concerns with that visual triangle being blocked with all those cars. So, we are definitely on board with that as well. We -- we feel that the Option I that we are showing now does provide those larger stalls, it provides the open space that's more central to both phases being able to use that park- like setting. It's going to have benches. We are proposing to have barbecue areas. We are also proposing to have 36 covered bike -- bike -- covered bike stall areas through the whole entire complex to use and we feel that this is just a really great project to help with the housing problem that Meridian is having. It's going to fulfill the vision of the Comprehensive Plan and the future land use plan and we respect your approval and I will stand for questions. Simison: Thank you. Council, questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Mysti. Could we bring up the map with all of the buildings for the whole development? Tiefenbach: Does that work for you? Perreault: No. I think there was one where you can see them. They are grayed out, but -- yeah, there we go. So, one of the reasons why this has been continued and we have -- we have asked the applicant to go down this -- this process was to try to get vehicles off of Blue Heron Lane and so I just wanted Mysti, if she could share with us, if -- if there are vehicles that belong to tenants in Building E and Building D that have -- that -- that need to use the -- the larger parking stalls, I -- I'm not sure that this actually solves them not parking on Blue Heron. So, would you share with us thoughts on -- on that? Because I -- I think that they are just going to park in the spots that are closest to their building and Page 76 Meridian City Council Item#4. March 22,2022 Page 23 of 38 1 really appreciate the -- the larger stalls. I -- I think it's a fantastic idea, I just think placing them -- and I understand what you are saying about what -- how the striping is done in relationship to the carports and how things are spaced, I'm just not sure that it accomplishes the whole -- you know, one of the main reasons that we have gone through this process the way we have, which is to get them off of the street. I think that they will likely still park on the street if they live in those most northeast buildings. Stelluto: Yes, Mr. Mayor and Council Woman, I understand your question about the --the parking for Building E and D. With removing those overhead garage doors in the garages along Meridian Road that will -- that will provide a little bit more headroom than the carports would, so we are hoping that some of those vehicles can park in those garages. As far as the vehicles parking along East Blue Heron Lane, again, that's something that's legal for them to do and we cannot legally stop them from parking on it. We are going to provide every opportunity for them to park within the community and we will provide them those larger stalls and encourage them to park over-- you know, it's not that far of a walk if you -- if you have been in this complex before. It's not that big of a walk. It's a couple -- maybe two minute walk or whatever and we will encourage them to use those stalls versus parking on the road, but we simply can't force them to not park on the road. It's simply legal for them to do so. But we are hoping with those garage doors being removed that that will encourage those larger vehicles to be able to -- to park in there. Simison: Council, any additional questions of the applicant? Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, yes, we do. James Michael Schwerd. Simison: If you can state your name and address for the record and be recognized for three minutes. Schwerd: James Michael Schwerd. 245 Blue Heron Lane. Well, what -- what happens is they will park on the south side and, then, they come down to the Meridian Meatpackers and they-- they -- they make their U-turn in my retail area to go back down the south side and -- and that -- I don't know what the fix is, but they are just going to tear up our loading dock and, then, our retail area flipping the U-turns right there, because they -- especially if they close the south -- the north side, because they will just come down -- they will -- they will park on the south side and, then, they will come down to where the -- our plant is and turn to head out to Meridian Road. Simison: Council, any -- Schwerd: I don't know what the fix is on that either, so -- if there is one. Simison: Council, any questions? Maybe in -- maybe in -- Schwerd: Maybe later? Page 77 Meridian City Council Item#4. March 22,2022 Page 24 of 38 Simison: Maybe later is what I'm -- is what I'm saying, so -- Schwerd: Okay. Simison: Thank you. Schwerd: You are welcome. Johnson: And, Mr. Mayor, two others signed up online, but they are members of the applicant team, so I'm not sure how you would like to treat that. Simison: Well, in -- in the past when they have done that we have -- if they are testifying on their own behalf we are happy to take them. Is there anybody -- but I will start with anybody else in the audience that would like to provide testimony on this item. Okay. Seeing none, now let's check in with those that signed up in advance and see if they -- if there is going to be online that would like provide testimony, please, use the raise your hand feature. Okay. Seeing no one wishing to provide additional testimony, would the applicant like to make any final comments? Stelluto: No, I do not. Thank you. Simison: Okay. So, Council, I assume -- I will leave this open for conversation. Hoaglun: Good idea, Mr. Mayor, and I have a question for Chief -- Deputy Chief Bongiorno. Chief, we were talking about vision triangles and --and whatnot and I'm trying to remember from last time we had the discussion -- can you go through -- were we concerned about Richter, which is part of that East Waterbury Lane connected there, right closest to Meridian Road, was it both the north and south side that we had concerns about fire trucks and having that vision or was it also farther down? Can you refresh my memory on that? Bongiorno: Yeah. Mr. Mayor, Councilman Hoaglun, I think the -- excuse me. I think the issue was cars parking too close to the corner and, then, I believe on one of the directions there is actually a fire hydrant sitting there as well. So, that was the issue. So, I did contact John Watson with ACHD and I asked him if they would be willing to sign from Richter to the corner as no parking, because of the fire hydrant being there and because of traffic and not being able to see up and down Meridian Road. Honestly I never got an answer back from him. We also discussed Blue Heron and I think we talked about this at the last meeting as well -- I believe is a 33 foot roadway section, which is a standard roadway section for ACHD and I believe it was the Mayor that even asked me are you comfortable driving a fire engine down that and the answer is yes, because that's our standard roadway width that use here in Meridian that's 33 feet and we allow parking on both sides. So, we are -- I'm okay with leaving Blue Heron as no parking. That would be completely Council's call and ACHD's call to not allow parking on the north side, but I am okay with it. Page 78 Meridian City Council Item#4. March 22,2022 Page 25 of 38 Hoaglun: Mr. Mayor, follow up? Simison: Councilman Hoaglun. Hoaglun: Yeah, chief, for that no parking and the view area, was that both --from Richter to Meridian Road was that both north and south side? Bongiorno: Correct. Both sides. I asked for both sides to be signed. Hoaglun: Okay. Thank you. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Another question -- I don't know if some of the residents there off of Waterbury Lane are here, but I'm just curious about -- you know, we talk about no parking on the other side -- on the north side up against that -- that -- that community, but is -- does that mess them up when people come to visit for -- for example? So -- or it looks like from -- I'm looking at Google Earth -- has, you know, plenty of parking and it's a wide street and -- and different things like that. They have covered parking. So, I was just curious, you know, sometimes we take action and, then, find out, oh, that didn't help things, we made it worse. So, we want to avoid that. So, I didn't know if one of you would like to comment about that. I will let the Mayor invite you to come up and give your name and address for the record. Simison: You have invited them. That's okay. Rogers: Hi. I'm Sandra Rogers and I live at 102 East Waterbury Lane, which is off-- right off Blue Heron, Richter, and East Waterbury. Yes. And we have overflow parking, but a lot of times we have people from the apartment complex that have parked in our overflow parking and there is no way for us to tell who is parking in it. I mean unless you see somebody -- if you actually see somebody park in it and go to the apartment, we can't confront anybody. So, as far as parking on East Blue Heron, a lot -- I can't say a lot, but I do believe there are quite a few that are parking there that are sharing apartments with people that are on the lease. Now, these are people that aren't on the lease and they are sharing apartments, because a lot of these people are young and they can't afford the rent. I mean even when both of them are working and if they have a child, they just absolutely can't afford the amount of rent anymore and so they have got friends and whatever -- whoever living with them and that's got to be some of those cars that are on East Blue Heron. So, I know at a previous meeting we talked about from Meridian Road on both sides of East Blue Heron down to the driveways and one would be Richter and one would be the street coming and going that -- into the entrance of the first apartment complex, blocking those off with either red on the curbing or signs and I thought it was okayed. I mean I thought everybody was on board with that at the time, so I don't know where that stands now and am I understanding this no parking on the north side of East Blue Heron is just to allow a study? Was this going to be a done deal? Page 79 Meridian City Council Item#4. March 22,2022 Page 26 of 38 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. We -- we don't have the jurisdiction over the streets, so we would make recommendations -- Rogers: Right. Hoaglun: -- but it would Ada County Highway District that would do the study. What we are looking at -- and I think everyone is in agreement in it -- is -- and listening to Deputy Chief Bongiorno, is no parking from Richter to Meridian Road on both the north and south side because of the view that -- that you need when you are exiting. Rogers: Right. It blocks our view terribly coming in and out. I'm surprised there hasn't been an accident there. Hoaglun: So, I -- I don't think that's the -- in question. I could be wrong. But my question, then, from Richter up to where you can enter Waterbury, a little bit further to the east, to come in that way on the north side or up against the -- your residences there, does that need to be no parking on just that north side to help alleviate traffic? I'm also thinking is is that a way to allow U-turns, people who parked on the south side, then, that can, then, have enough room to make a U-turn, so they are not going farther to the east, going through this gentleman's property to -- and around. Rogers: Well, yeah, I understand what he is saying. I have seen a lot of that. Yeah. No. If-- if this doesn't workout, no parking on the -- on the one side like they are talking about, we definitely need that done on East Blue Heron on both sides from Meridian Road up to the driveways of the apartment complex and Richter on the other end, so that we can see -- I mean -- and just because we have rules and regulations these people still don't abide by them. I mean I could be calling code enforcement every day. I don't. But I do when it's a real issue. But big trucks parked right up to our driveways -- and we have to get way out into the street to see if we can even get out to make a turn to get out onto Meridian Road. It's -- you know, we have got older people that live in there, so it's a bad issue. Hoaglun: I appreciate you and the information you provided. Thank you for doing that. Rogers: Okay. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Would you mind a couple other questions? I'm just -- Rogers: No, at all one. Page 80 Meridian City Council Item#4. March 22,2022 Page 27 of 38 Cavener: -- curious. One, I -- I appreciate you and your neighbors I think came and made some very compelling arguments back I think in September that the Council is very sympathetic, so here we are now looking at April -- I guess on the -- on the heels of April. We have seen a lot of different revisions and I was -- I was a little bummed that neither the three of you came up to testify one way or another about what's being proposed and I'm just kind of curious where are you and your neighbors at on -- on what's being proposed? Do you think it -- it meets or -- or addresses the concerns that you -- you brought up in September? Do you think it makes it worse? Is it slightly better, but not what you fully would hope to see? I mean just I -- I would like to get a little bit of feedback from you about what's being proposed, if you are willing to share. Rogers: Well, after tonight -- there is only three of us here. We have 34 units out there, plus a clubhouse, and I think they have been very good about accommodating what we have talked about. So, of course, parking -- parking and traffic was the main issue and we have fire trucks and ambulances out there all too frequently and so that's a big deal that they can -- I mean I find it hard to believe what he's saying with cars parked on both sides of East Blue Heron and a fire truck -- he would know, but going down there and coming back -- I don't know. It's got to be a tight squeeze. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think that's probably why they don't let you and I drive those trucks, is because I think you would need to have to do that. Rogers: No. Cavener: So, I appreciate your feedback. Thank you for testifying tonight. Rogers: Uh-huh. Thank you for your help. All of you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, I just wanted to say, if I remember correctly, the members of the public had come before us in the first hearing and asked to stripe the north -- the entire north side from Meridian Road to Waterbury, because they thought that would alleviate concerns about people driving through Waterbury Lane and turning around, which I -- I believe was -- is a private lane and so that was a request that was originally made from the public, which is why we started down conversation about it and, then, meeting two is when Chief Bongiorno had mentioned that it wasn't necessary for the -- the width of a fire truck. So, we kind of left it there and so I just-- it's hard to say, because I don't--we are very thankful that -- that you are here, but just -- you know, it's -- it's tough to make a decision about whether we ask the applicant to stripe that whole section on the north side, just -- not Page 81 Meridian City Council Item#4. March 22,2022 Page 28 of 38 having any kind of -- you know, I'm hesitant to condition that I guess considering that we have no -- no say in it and it's just a preference maybe. So, I guess what I'm trying to determine if this is a preference or there really is a safety issue. Simison: Give my two cents, unless I'm forgetting -- I -- I guess I never really looked at this dead end turnaround factor. I mean that -- that -- the only -- as far as I can see the only way you can ever prevent people from driving and trying to turn around is to have no parking on both north and south and forcing people into the two places to do their parking. Otherwise, there is no way to solve anybody that only -- only one way they are getting on either one of -- one of the sides of the road is -- is making a turn somehow that is not viewpoint, so you know, in -- in some regards I think that's a question that Council should consider is what is the -- you know, there is no turning -- yeah, I have to look at the chief -- the Fire Chief again, it's like how do you guys turn around? If -- if you need to go to that next house that's currently there, you can't turn left on Waterbury, I mean it's not your preference to go into someone else's property to turn your vehicle around, but that's what you are going to do I assume and is that fair to the property owner? Bongiorno: Yeah. Mr. Mayor, we would probably, like you said, we would put at least pull into the driveway and, then, you know, back out and, then, come down. You know, it's exactly what they are saying. Simison: So -- so, there --there is that element for consideration on -- on both sides. The other part about this is, you know, I -- I have a -- a nice shiny new vehicle that I just received, it doesn't deserve an 11 by 20 foot lot, but I would park my car there, even though it doesn't require it if it's closer to where -- where I want. So, while we may think we are solving -- you can't guarantee and we -- I appreciate what the applicant is trying to accomplish, but we can't force -- they can -- you know, you can go down to the parking lots in Boise and they say compact only. People park where they want to park when -- when they want to park. Yeah. Alan's Tundra. You know. And they will park in alleyways apparently when they want to as well. So, I think these are all good ways of trying to address it, but I don't -- this is just an area that's trying to retrofit challenges that anything that is done is going to have some repercussions one way or the other and I don't think that we will know which -- what will be until things occur. So, I'm just pondering. So, no real questions at this point in time if we want to have more -- Hoaglun: Mr. Mayor? Simison: -- comments. Councilman Hoaglun. Hoaglun: Yeah. Those are -- those are good ponderings, because that's definitely what we are wrestling with, because if-- if you take away parking on the north side, in my mind, because that -- between Richter and going east, does that put more pressure on their guest parking lot, because people go, oh, that's open, I'm just going to park there, as opposed to leaving that with parking on the north side. It's-- it's one of those conundrums. I mean I have no problem going from Richter, as deputy chief pointed out, on both the north and south side and, then, I think, okay, maybe we allow parking both ways and, Page 82 Meridian City Council Item#4. March 22,2022 Page 29 of 38 then, have ACHD also examine ways to have no parking and bring that in at least one or two car lengths at each intersection, so you have better viewing, so when you pull out you can see better, instead of having to go clear out. But, then, Mayor, you -- you make a very good point. If you have no parking on both sides you don't have to make a U-turn, you know, come up the street, because you don't have to. You don't have to swing around to go to the north side or -- if you parked on the south side you are going to have to do a U-turn later on. So, you know, all these things that -- that balance. I think overall, just kind of-- so the applicant has -- has some idea of what we are pondering --for me anyway is they -- they have made lots of changes. I think they have asked everything that we have -- asked them to -- to do. They have come up with some solutions for increasing parking and trying to regulate parking and keep people in compliance and without this expansion they don't have to do any of that. I mean it's just going to remain the way it is. So, it's -- it's one of those things I think we can bring about benefits with approval -- more benefits than we can without. But it's just a matter of how do we -- how do we solve some of those on-street parking issues that -- that actually work. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I know Kristy is on the call. Maybe we can bring her in -- and I guess maybe my question would be is -- kind of getting her expertise, she's been following this project, if she's got any recommendations for Council to include in our motion and conditions, should we move towards approval, that maybe us not being the subject matter experts, but the highway district being that, that -- that we could maybe address some of these concerns in the most efficient manner possible. Inselman: Mr. Mayor, Councilman Cavener, sorry -- you guys are so small on my screen. I think that's Cavener. Cavener: It is. Thank you. Inselman: I did go through and -- and I did converse back and forth with some of our DTS staff on some of these issues and we certainly -- our traffic has that request from the fire department to look at the north and south side from Richter out to Meridian Road and they are definitely -- that is in their cue to analyze that to see if there are some sight distance issues with those two driveways and potentially putting some no parking there. The street is -- and will be if this is approved -- 36 feet wide back of curb to back of curb, which is a standard local for us. I don't know how we can address the turnaround issues at the end of the roadway. It is our right-of-way, but given that it's an offsite we can't require them to place a turnaround there and I know that there was a request to expand the pathway on the -- the right-of-way out to Eureka to 12 feet for an emergency access for the fire department. So, that may help with some of that. And, yes, the -- all of those drive -- all of those drive aisles on the north side on that development are all private. So, we have no jurisdiction over those. But our-- the local roads are wide enough for parking on both sides and if the fire department says it -- it's not needed, that they can traverse Page 83 Meridian City Council Item#4. March 22,2022 Page 30 of 38 that roadway, I think it really kind of -- kind of comes down to the turnaround, which we don't have any authorization to require with this development. I don't know that that really answers your questions, but we also certainly would work with the city if they request no parking on one side or the other. We certainly -- that would be analyzed by our traffic department, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Kristy, could we also include, you know, like a request for a sign, like a dead end or -- or no outlet -- Inselman: Oh, for sure. Cavener: I want to be sympathetic to Mr. Schwerd's concerns about, you know, apartment traffic or drive-through traffic turning around in his parking lot and I don't know if that solves it, but I think would maybe at least reduce some of that. Inselman: Yeah. Mr. Mayor, Councilman Cavener, that would be part of the traffic analysis that they would look at. They can -- they can include that for the no parking. They can look at appropriate signage to notify drivers that this is not a through street. Simison: So -- so looking at you, deputy chief, if Mr. Schwerd's decided to put a fence up on his property line, what would that do and mean from -- from your standpoint? I'm not putting words in his mouth, but I -- I couldn't -- you know, it -- it's a possibility that, you know, there is no access turn around and how does that impact the fire department if that was the case? Bongiorno: Mr. Mayor, I was actually just looking at the map to see if Ada county could put some kind of a turnaround in. But, unfortunately, down at the end past the Meridian Meat Packers there is the drainage ditch and that's kind of the big problem with this whole road, why it just stops is because of that ditch. So, I mean the -- the solution is to push it through to Eureka. I believe the right-of-way is there, but, again, we would have to go back with ACHD and see what their thoughts are of actually programming it to -- to put that last 500 feet in and just make it a through road. But to answer your question, if he were to put a fence up our only solution, if we had to go down to Meridian Meat Packers for a call, some kind of an incident, the only option would be to back all the way down to Waterbury or the -- the apartment entrance that they potentially will be building here, which, obviously, for us backing is a problem that's why we have turnaround requirements and stuff, because we don't want to back, because it's inherently dangerous. Firefighters die every year from being backed over by their own fire apparatus, so -- I mean the best solution is to push the road through. The second best would be to try and come up with some kind of a turnaround in that area. But, again, with the ditch it -- it kind of -- we are -- this is just one of those bad spots. Page 84 Meridian City Council Item#4. March 22,2022 Page 31 of 38 Simison: Sorry to take us down that road literally, but just -- unfortunately, this application is bringing up too -- too many other issues that are in this area that we may or may not be able to solve. Yes, Alan. Tiefenbach: Alan Tiefenbach. Just to add to what Mr. Bongiorno said real quick, the issue, though -- and I think this has already been discussed -- is there is infrastructure there; right? There is utility poles and all those things that -- that's going to make it extremely difficult and costly to widen that. It's not just a matter of widening it, it's moving all of the utility poles. So, you are not just working with ACHD, you are working with utility providers. So, that's quite a beast and you -- yeah. And it -- it starts getting difficult to -- to -- to require an applicant to make offsite improvements that aren't on their property. The -- the applicant is being, you know, nice enough, because they are trying to accommodate the impacts that saying they are going to widen it, but -- but I -- I might leave that to Mr. Nary, but we are going to start delving into places we don't want to go if we start requiring off-site improvements as a -- as a -- as a request -- as a -- as a requirement. Simison: Alan, I don't think I have heard anyone talk about offsite improvements. I think we are just talking about the impacts of the road and what were to occur if things were to happen and how that should impact parking on that road. Tiefenbach: Understood. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Kristy. Kristy, for -- I'm -- I'm looking at East Blue Heron from Richter to Waterbury and I -- I know you guys have safe -- safety standards for, you know, site views at these corners. Triangles. How far back do you keep people from parking from the intersection say of Richter and, then, Waterbury on that north side? Is it 20 feet Is it 30 feet? How-- how far back do you keep vehicles so there is --when someone pulls up to turn out they at least have a -- a decent view down the street? Inselman: Mr. Mayor, Council -- Council Member Hoaglun, it depends on the type of roadway and what we are talking about. Our standards for like an intersection for our local to local or local to another street is typically 40 feet. So, you follow the curb line and it's 40 feet back on either area and, then, you kind of draw a connecting line between the two to create that triangle. So, it's typically 40 by 40 on -- for sight distance issues. If it's a driveway those generally will narrow to like a 20 by 20, but the maximum is -- is 40 by 40. And, then, I just wanted to follow up with that connection to Eureka. It -- it -- just to kind of piggyback on what your staff had talked about with connecting that roadway. That is something that the city could add to their request, because it is a local roadway connection to their community programs request to the city -- or to Ada -- Ada County Highway District. There is that difficulty with those utilities and with the canal and we would have to acquire right of way to do that, because, then, right of way does narrow Page 85 Meridian City Council Item#4. March 22,2022 Page 32 of 38 down to about 35 feet from where that pathway is currently located. So, we actually don't have sufficient right of way to finish the road out, unless we were able to acquire some additional. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Follow up with Kristy on that 40 feet. Is that typically posted? I -- I -- I can't tell from the map I'm looking at if that's posted no parking or is it striped in some way? Inselman: Councilman -- Mr. Mayor, Councilman Hoaglun, typically we would put some no parking for the 40 -- 40 by 40 if it's requested and I don't -- I don't know if there is existing signage out there or not now, but if there isn't that -- I can make that request of our traffic to include that as part of their analysis to make sure that there are those signage to keep people out of this sight distance window. Hoaglun: All right. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I also have a question for Kristy and, then, would like a follow-up comment from Deputy Chief Bongiorno about the letter that was put in the project folder today from ACHD and -- and just mentioning that the Meridian Fire Department had had concerns. I don't know if that -- those have been addressed and that letter was just sort of late to us, but the conversations had already been had, it -- it didn't -- I guess the letter seems like it's way past when we -- you know, when the two entities would have had the discussion, so -- Inselman: Sorry. Mr. -- Mr. Mayor, Council, Council Member Perreault, are you talking about the letter from ACHD dated August 25th, 2021? Perreault: I apologize. It's an e-mail that our -- Inselman: Oh. Okay. Perreault: -- staff uploaded to our site and I don't know -- let me look at the date. Do you have a copy of it? Inselman: I may have it in front of me. We will see. I have a lot in front of me. It's from back in October and then --where is the other one at? Apologies. I have a small desk at home, not nearly as much room, and, then, there is one from March 22nd. Perreault: Yes. That one. Page 86 Meridian City Council Item#4. March 22,2022 Page 33 of 38 Inselman: Okay. Yes, that's one that Mindy included me on as well from our DTS department. Yeah. So, in essence, what she's saying is if the City of Meridian -- if the fire and emergency services have an issue with access on Blue Heron, with parking on there, we would work with them to address those issues and evaluate whether to put up no parking signs in conjunction with -- with your fire department. So, I was just going off of what Fire Marshall Bongiorno said had -- that he was fine, he was able to get down that road with the parking. But if that's not the case, then, we absolutely would work with the City of Meridian on some no parking. Simison: Councilman Borton? Borton: Thank you, Mr. Mayor. It's good discussion. I guess just as we wrap this up and get towards a motion, I think Councilman Hoaglun's remarks are spot on with where I see this application. It's -- the continuances have made it better. It got as close to, in my mind, solving difficult challenges within the bounds of what this application can -- can control and solve. There is -- there is tradeoffs I think, quite frankly, with each iteration of this application. But with the conditions of approval and concessions made by the applicant, I'm supportive of this application as presented. Simison: Okay. Would the applicant like to make any final comments, since we did take comments from the public in the form of a question? Stelluto: Yes. I just wanted to reiterate that we are in favor of working with ACHD and the Fire Department to get that study conducted to see if no parking is warranted and we are also in favor of the no parking west of Richter on both the north and the south side. We also wanted to reiterate that the garage solution of removing those doors will provide larger spaces for those larger vehicles to be parking in, as well as all parking within the complex is now free as part of -- as part of their rent now and so that's a huge incentive to park inside as well and we would -- we would appreciate your approval of this application. Simison: Thank you. So, Council, I'm going to make us a suggestion for your consideration or discussion with ACHD -- is potentially to look at only allowing parking in the area on the street between the two entrances for the -- both sides of the street on the north and the south in hopes that you could encourage people to use the -- quite frankly, the U-turn option there at the Waterbury areas, so we are not forcing people --or enabling people to park further down and push them to have to turn around in -- I know they are both private. One is a private drive, one is a private property, but, you know, part of me would like to suggest like no parking at all on the street, but I think that pushes -- when people have a few people over it pushes them -- where are they going to park? Then -- then you are one hundred percent forcing neighbors to park over in the apartments or neighbors to park over in the other side of the street. You need to have some parking in that area, otherwise, Albertson -- I mean how far away -- there is no good place to park outside of this area. Ultimately it's going to be ACHD's call, but I -- I think trying to look at ways to not push people there or down further than outside of where the residents are, quite frankly, is kind of where I was trying to suggest consideration. Page 87 Meridian City Council Item#4. March 22,2022 Page 34 of 38 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. That's -- that's where I landed as well with -- with the interest in ACHD studying the setback -- the safety zones for Richter and Waterbury at the 40 feet and possible signing for -- make it easier for those residents and also at Waterbury, if you have got that 40 foot no parking area that's clear, I -- hopefully it would encourage people to do that U-turn there and -- and not have obstruction of people parking right up to the intersection and having some room to do that turn and still allowing parking on that north side to help alleviate, I hope, parking within that residence area and --and allowing people to -- to utilize that. So, that -- that's where I fell as well on that, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: If I heard Kristy correctly, a lot of these are dependent on the city making these requests and they are -- they are independent of this application. So, the -- the signs for the 40 -- 40 feet from the intersections and -- I guess I don't -- I don't -- I didn't quite understand this, the connection to Eureka was allowed to be a condition of this or if that is also a request that the city has to make independent of this application, but I'm still trying to connect the dots on is how can we --can we condition the application on anything that ACH does with --ACHD does with us? In other words, we -- we say this -- you can move forward with this if ACHD does A, B and C. Are we permitted to do that? And that's probably a question for Alan. Tiefenbach: Thank you, Council Person Perreault, Members of the Council. In regard to the connection first to Eureka, I think -- my understanding was ACHD was amenable to that. I -- I believe that -- that Mr. Bongiorno has already had some discussions with them. So, that -- that's a -- I don't want to use the word done deal, but they are amenable to that. In regard to the rest, it would just be a matter of staff requesting that ACHD do a study of that area to see if there could be some kind of better parking management with no parking. But, yeah, you can't condition it. You could condition it with the suggestion from the Council that staff and ACHD -- or that ACHD and the applicant and staff explore whether areas in that area could be striped no parking. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: It sounds like we are all in agreement that there definitely needs to be no parking between Meridian Road and Richter on north -- north or south side, but -- but am I hearing, Alan, correctly that we also cannot condition that? Page 88 Meridian City Council Item#4. March 22,2022 Page 35 of 38 Tiefenbach: Council Person Perreault, I'm extremely reluctant to condition something on what a different agency is going to do, especially when they haven't even done a parking study and I have no idea if ACHD would be supportive. So, they may -- they may say no and, then, we are back here, I suppose. Bongiorno: Mr. Mayor? Simison: Mr. Bongiorno. Bongiorno: Thank you, Chief -- Mayor. Going to call you chief. Chief. Just clarification. So, that connection to Eureka is the emergency access only. I want to make sure that's clear. Tiefenbach: Thank you. Thank you. Bongiorno: The pathway is there. All I asked was can they widen it to where I could drive a fire truck down it, just in case we had to. So, what I was talking about earlier that Kristy had already talked about was actually pushing the whole road through eventually and that's something that I think she said we would have to request. So, I just want to make sure we were clear that the connection is just that emergency access only. Simison: You know -- and from my standpoint, you know, to me it's just good for the applicants to hear the changes that we -- the city would be looking for from our partner agency so they understand what this is -- you know, it's kind of interesting that it's daylighted some issues that have been there, but this -- hopefully it helps address larger issues altogether, but, yeah, that part -- in my viewpoint -- I won't make the motion, but not part of the application. With that do I have a motion to close the public hearing? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing on H-2021-0027. Cavener: Second the motion. Borton: Second. Simison: I have a motion and a second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 89 Meridian City Council Item#4. March 22,2022 Page 36 of 38 Hoaglun: Just to kick off discussion and make sure we are all on the same page -- we have covered a lot of ground tonight and it's been a good discussion. But it sounds like a -- a condition that we could include -- include is that the existing enclosed garages be converted to carports. So, I think we can do that. Make that as a condition. That we would request ACHD study no parking on the south and north side of East Blue Heron Drive from Meridian Road to North Richter and the entrance to the -- the first entrance to the development. And also I'm interested in including that the -- request ACHD to take a look at possibly posting signage after a sight distance analysis is done at the intersections of East Richter and Waterbury Lane to make sure we have safety margins in place there. And I think that's all I had. Was there anything else that the Council was interested in? Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After hearing all staff, applicant, and public testimony, I move to approve H- 2021-0027 as presented in the staff report for the hearing date of March 22nd, 2022, with the following modifications: That we condition that the existing enclosed garages be converted to carports. That we request ACHD to consider no parking on the north and south side of East Blue Heron Drive between Meridian Road and North Richter and the first entrance to the development and that they look at possibly putting in no parking signage for the site distance analysis at East Richter and Waterbury Lane for safety reasons and that would -- would cover all that in my motion. And I move for approval of that. Had to find out where I was. Borton: Second. Simison: I have a motion and a second. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Appreciate the -- the work of the applicant. I think they have been really responsive to the public testimony and the feedback of the Council. I also just want to take a minute -- I always appreciate when members of our public go through the marathon sessions of Planning and Zoning Commission and City Council meetings with lots of continuances. Your intestinal fortitude is noted and appreciated and I appreciate your -- your public testimony here tonight. I -- I originally was pretty opposed to this project and I think Council Member Hoaglun or Borton put it best that this has been a -- a good example of taking multiple bites of the apple to make sure that we get it right and I think this is as right as we are going to get on this particular project. So, I'm -- I'm -- I'm supportive of it. Simison: Any further discussion from Council? Then Clerk will call the roll. Page 90 Meridian City Council Item#4. March 22,2022 Page 37 of 38 Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries. Thank you. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 8. Ordinance No. A-19-1812: An Amended Ordinance (H-2017-0142— Summertown) for Annexation of a Parcel of Land Located in Government Lot 2 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 15.17 Acres of Land from RUT to TN-R (Traditional Neighborhood Residential)Zoning District in the Meridian City Code; Providing that Copies if this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Council, the last item for us this evening is Ordinance No. A-19-1812. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an amended ordinance related to H-2017-0142, Summertown, for annexation of a parcel of land located in Government Lot 2 of Section 1, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment "A" and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City Of meridian; establishing and determining the land use zoning classification for 15.17 acres of land from RUT to TN-R (Traditional Neighborhood Residential) Zoning District in the Meridian City Code; providing that copies if this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 91 Meridian City Council Item#4. March 22,2022 Page 38 of 38 Perreault: I move that we approve Ordinance No. -- is it 19-1812? With suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 19-1812. Is there any discussion? If not, Clerk will call roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the ordinance is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? All right. Then do I have a motion to adjourn? Hoaglun: Mr. Mayor, move to adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 4:72 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 5 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 92 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : March 22 , 2022 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic 5CA6 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian High School Wrestling State Champions Day Page 4 Item#1. _ E IDIAN*-- IDAHO The Office of the Nayor PROCIA -MATION Whereas, being a Meridian High School wrestler is more than scoring points, escapes, takedowns,pins and achieving state titles. It is training to build leadership, character, confidence, teamwork and resilience--all traits needed to succeed on the mat, in the classroom and in the real world; and, Whereas, the Meridian Warrior Wrestling team brought home its second straight 5A state championship banner, riding two individual champs, four second-place finishers and eight more placers; and, Whereas, their hard work racked up 290.5 points,beating out Coeur d'Alene in second place with 281 points to bring home the 2022 State wrestling Championship trophy; and, Whereas, The Meridian Warriors conquered the competition for a repeat as 5A State Champions after last year winning their first State Wrestling Championship title since 1987; and, Whereas, the leadership, training and discipline of their coaches Brad Muri, Jon Muri, Josh Aldinger, Brad Perry, Brian Twait, Dalton Young, Cash Edwards, Riley Orozco, Paden Moore, Mike Briggs, Matt Klinger helped team members Jason Mara, Brodyn Sunada, Jeremiah Gonzalez, Cade White, Isaiah Twait, Carson Gooley, Gabe Arnold, Teigan Dickerson, Matthew Papa, Jay Sallee, Judah Howie, Caden Frix, Parker Mack, Lucas Sears, Lizette Ohlund,Mason Motley, Konner Heath, Kellen Kolka, Zac Kimes, Hunter Ramos, Tristan Smilic, Jackson Gallian, Frabizio Argana, Alexander Smith, Bridjer Bivens to focus their talents,passion, and determination to become a winning team, with each player making valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby proclaim March 22d, 2022 as JW eridian High SchooC� WrestCing State Cha i mpons Day in the City of Meridian and call upon the community to join me in congratulating the Meridian High Warriors on their remarkable athletic achiev t and for representing Meridian so proudly in the state tournament. Dated this 22nd day of March, 2022 Robert . Si son, Mayor Brad un, City Council President Joe Borton, City Council Vice-President Treg Bernt, City Council Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council Page 5 _' -- � _ - - - - - � _ • �R � `� ; �s � > �� ,�� s -� � >; �°_ i / I + l 4 rl ,. NIP IN IN r Alff �a *10 94 ..r— s a- r It A r / ■ r _ y r �"� I� fill Ill IN IN 1 i _ > 0 - \ _ _ FSTAIII — -- �� tat J 1 IN ® 1 Art a �. � } t u is _ r Nl r . �vfil � W > MI 11 IN i _ � LLLLL 14 I ✓P � .. �. 11 " fill ,r/ l \\ \\ .... .��\ I Itt \`\ \ _T---- -- _ IF ., I � s� s . m R` zeI NI �n � �E81D1AM n ea '�'vi/3iv iEcz� n�r�N IN is WRESTIIO IN Io- f If I If 5 Y J r ' r <\ `�� % ,16 zu Idf IN : 4y n M, w It 40V ' f t i. If \ . .\\�\ \ \.\\ _ S < xis' y 44 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing and Findings of Fact, Conclusions of Law for Apex West Subdivision (H-2021-0087) by Brighton Development, Inc., Located on the North Side of E. Lake Hazel Rd., Approximately 1/4 Mile West of S. Locust Grove Rd. A. Request: Preliminary Plat consisting of 208 building lots (207 single-family and 1 multi-family) and 34 common lots on 96.08 acres in the R-2, R-8 and R-15 zoning districts. Page 6 Item#2. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: March 22, 2022 Topic: Public Hearing and Findings of Fact, Conclusions of Law for Apex West Subdivision (H-2021-0087) by Brighton Development, Inc., Located on the North Side of E. Lake Hazel Rd.,Approximately 1/4 Mile West of S. Locust Grove Rd. A. Request: Preliminary Plat consisting of 208 building lots (207 single-family and 1 multi-family) and 34 common lots on 96.08 acres in the R-2, R-8 and R- 15 zoning districts. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 7 Item#2. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION& ORDER In the Matter of the Request for Preliminary plat Consisting of 209 Building lots(205 Single-Family Residential Building Lots; Three(3)Residential Building Lots for Future Re-Subdivision; and One (1)Residential Lot for Future Re-Subdivision for Townhomes or Development of Multi-Family Apartments) and 37 Common Lots on 133.07 Acres in the R-2,R-8 and R-15 Zoning Districts for Apex West Subdivision,by Brighton Development,Inc. Case No(s).H-2021-0087 For the City Council Hearing Date of: March 8 and 22, 2022 (Findings on March 22,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 22, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 22, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 22,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 22,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX WEST PP H-2021-0087 - I - Page 8 Item#2. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 22,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 22,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 613-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of March 22, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX WEST PP H-2021-0087 -2- Page 9 Item#2. By action of the City Council at its regular meeting held on the day of , 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX WEST PP H-2021-0087 -3 - Page 10 Item#2. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING March 22,2022 DATE: Continued from:March 8, 2022 TO: Mayor&City Council ro FROM: Sonya Allen,Associate Planner a 8( - 208-884-5533 H '� � n SUBJECT: H-2021-0087 LMEX62ELRR Apex West—PP(aka Pinnacle) LOCATION: North side of E. Lake Hazel Rd., PROJECT approximately 1/4 mile west of S.Locust Grove Rd., in the south 1/2 of Section 31, T.3N.,R.1E. I. PROJECT DESCRIPTION Preliminary plat consisting of 2-N 209 building lots(2-P 205 single-family residential lots 3 residential lots for future re-subdivision for single-family homes and 1 lot for future development of townhomes or multi-family apartments) and 34 37 common lots on 96.09 133.07 acres in the R-2,R- 8 and R-15 zoning districts for Apex West Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 96.08 133.07 acres Existing/Proposed Zoning R-2,R-8 and R-15 Future Land Use Designation Low Density Residential(LDR),Medium Density Residential(MDR)and Medium High Density Residential (MHDR) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)detached dwellings Lots(#and type;bldg./common) 249 209 building lots/34 37 common lots Phasing Plan(#of phases) 4 phases Number of Residential Units(type 2-0-7 205 (SFR detached dwellings) of units) Density(gross&net) 3.17 units/acre(gross); 5.29 units/acre(net)—overall(not including future units in R-8 and R-15 zoned lots) Open Space(acres,total 16.17 acres(or 16.61%)common open space [%]/buffer/qualified) Amenities Swimming pool,two(2)segments of the City's multi-use pathway system,and an additional 5%open space above the minimum required. Page 1 Page 11 Item#2. Description Details Page Physical Features(waterways, The McBirney Lateral and another un-named waterway hazards,flood plain,hillside) cross this site. Neighborhood meeting date;#of 10/19/21 attendees: History(previous approvals) H-2020-0066;Development Agreement Inst.#2020- 178120(Apex);H-2020-0117;Development Agreement Inst.#2021-102396(Shafer View Terrace) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Two(2)accesses are proposed via E.Lake Hazel Rd.,an arterial (Arterial/Collectors/State street;and one(1)access is proposed via E.Quartz Creek St.,a Hwy/Local)(Existing and collector street. Proposed) r Traffic Level Of Service • Roadway Frontage Functional PM Peak Hour PM Peak Hour Classifrcatton Traffic Count Level of Service Lake Hazel Road 1,321-feet Principal Arterial 351 Better than"E" Locust Grove Road 1,350-feet Minor Arterial 181 Better than"E" Acceptable level of service for a two-lane principal arterial is"E"(690 VPH). 'Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). Stub E. Quartz Creek St.is proposed to be extended through this site; Street/Interconnectivity/Gros stub streets are proposed to be extended from Apex Northwest#1 s Access and#2;stub streets are proposed to adjacent properties. Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Lake Hazel Road to Improvements Amity Road between 2036 and 2040 • Lake Hazel Road is listed in the CIP to be widened to 3-lanes from Linder Road to Meridian Road between 2036 and 2040. • Lake Hazel Road is listed in the CIP to be widened to 5-lanes from Meridian Road to Locust Grove Road between 2036 and 2040 - • Lake Hazel Road is listed in the CIP to be widened to 5-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. Apex Subdivision entered into a Cooperative Development Agreement with ACHD in May 2021 to widen the segment of Lake Hazel Road to 5-lanes to the east of this site.These construction plans are currently under review. • The intersection of Lake Hazel Road and Locust Grove Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south, 4-lanes east,and 4-lanes on the west leg between 2036 and 2040.Apex Subdivision entered into a Cooperative Development Agreement with ACHD in May 2021 to fully improve this intersection consistent with the 2020 CIP.Construction plans are currently under review with Al • The intersection of Lake Hazel Road and Eagle Road is scheduled In the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south leg,3-lanes on the west leg and 4- lanes on the east leg and signalized in 2023. • The intersection of Lake Hazel Road and Meridian Road is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south.7-lanes east,and 7-lanes on the west leg and signalized between 2036 and 2040. • The intersection of Amity Road and Locust Grove Road is listed in the CIP to be reconstructed as a multi-lane roundabout xdth 2-lanes on the north leg,2-lanes on the south,4-lanes east, and 4-lams on the west leg between 2031 and 2035. Fire Service • Distance to Fire Station 13.6 miles Page 2 Page 12 Item#2. Description Details P • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#6—cannot meet response time goals. When Fire Station#7 is constructed in late summer of 2023, it will be within the S:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. ALL residences having two frontages(the street&an alleyway behind it)shall have address numbers on the front of the building and on the back side facing the alley. • Special/resource needs Project will require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service No comments received • Distance from police station • Police Response Time Approved ME Pro West Ada School District ected Approved lots per units per Students from • Distance(elem,ins,hS) Enrollment Ca ac attendance area attendance area Approved Dew. • Capacity of Schools Mary McPherson Elementary 449 675 2677 26 591 Victory Middle School 984 low 3739 502 501 • #of Students Enrolled Mountain View High School 2368 2175 2701 0 432 School of Choice DOtiOns Christine Donnell School-Arts 489 500 N/A N/A Spalding Elementary-STEM 656 7S0 N/A N/A • #of Students Predicted from this development 132 school aged children predicted from this development by WASD(154 for future townhomes) School lm act Table Wastewater • Impacts/concerns • Flow is committed • All sewer manholes must have a 14-foot-wide access road per the City Design Standards. • Ensure no sewer services cross infiltration trenches • No permanent structures may be within City utility easements including but not limited to trees,bushes,buildings,carports,trash enclosures, fences,infiltration trenches,light poles,etc. • Do not run sewer main in common driveways,services should be run within the common driveway. • Sewer main should be run from the northern portion of the site down South Sublimity Way from the existing sewer main.Main should be kept within the Right of Way whenever possible. Water • Distance to Water Directly adjacent Services • Pressure Zone 5 • Estimated Project Water See application ERU's • Water Quality None Page 3 Page 13 Item#2. • Project Consistent with Yes Water Master Plan • Impacts/Concerns • 12 inch water main will need to be constructed at the Northwest corner to make the second connection at East Quartz Creek Street. • There is a piece of water main missing at the corner of East Prickle Drive and East Pinpoint Way,this must be included to complete the water loop. • The water main in East Prime Drive needs to be upsized to 12 inch from South Sublimity Way to East Prickle Drive. • The water main in East Prickle Drive needs to be upsized to 12 inch from East Prime Drive to East Heyday Drive. • The water stub in East Heyday Drive to the property line needs to be upsized to 12 inch. C. Project Area Maps Future Land Use Map Aerial Map Legend W a ffeegend AM FT)FT Prc�feDi L aTK:m w 41 nsrty 6i" Zia dium Den LU ni LAKE �u1ed-High ens �side�ntial .R Page 4 Page 14 Item#2. Zoning Map Planned Development Map (f Rl Rl Rl Legend W E 0 Legend 0 W 9 Prajeci Lccafkm RUT let Project Lcca�n R-o— — R1 +_i City Lim& R-4 R-8 R.g R-4 R — Planned Parcels i R- —R- ----, - C- R' 1 R- F R-4 RUT p ' RUT R-4 a I i 5 R� R-4 R-4 R' ' G- —A RUT - -- --- f --- R-4 I RUT - A. Applicant: Josh Beach,Brighton Development, Inc. —2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 C. Representative: Same as Applicant III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 12/21/2021 2/20/2022 newspaper Notification mailed to property owners within 300 feet 12/15/2021 2/17/2022 Applicant posted public hearing 12/22/2021 2/24/2022 notice on site Nextdoor posting 12/16/2021 2/18/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates approximately 11 acres of the site as Low Density Residential(LDR), 65 acres as Medium Density Residential (MDR) and 20 acres as Medium High-Density Residential(MHDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. Page 5 Page 15 Item#2. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre.These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The proposed development consists of a total of 20 209 single-family detached dwellings. The plat includes two(2)R-8 zoned lots in the MDR designated area for future residential development; and one(1)R-15 zoned lot in the MHDR designated area for future development of townhomes or multi- family apartments. The proposed development in the MDR designated area has an overall gross density of 3.17 units/acre with a net density of 5.29 units per acre, excluding the future development areas. The R-2 portion has a gross density of 0.70 units/acre with a net density of 1.18 units/acre and the R-8 portion has a gross density of 3.70 units/acre with a net density of 6.16 units/acre, consistent with the densities desired in the associated LDR and MDR designations. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents." (2.01.02D) Only one housing type, single-family detached, is proposed in this development at this time; some units will be accessed via internal local and collector streets with front/side entry garages while others will have rear access via alleys.Another housing type, either townhomes or multi- family apartments, is planned to develop on the R-IS zoned future development area (i.e. Lot 1, Block 1). If townhomes are proposed, the lot will need to be re-subdivided to accommodate the townhome units; if apartments are proposed, a conditional use permit will be needed for approval of a multi family development. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to service this development in accord with UDC 11-3A-21. The emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 7 is constructed in the late summer of 2023, it will meet the response time goal. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed use and site design are compatible with existing and future uses, which should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are Page 6 Page 16 Item#2. required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Two (2)segments of the City's multi-use pathway system is proposed within this site consistent with the Pathways Master Plan, which will provide safe pedestrian and bicycle access to the internal common area with a swimming pool and school site to the southeast in Apex Southeast. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS) was required by ACHD for this development and was taken into consideration in ACHD's report. See comments from WASD and Community Development in Section VIII for school enrollment calculations in regard to the number of school-aged children estimated to be generated from this development and associated school capacity. The closest City Park to this site is Discovery Park, a regional park consisting of 77-acres of land, to the southeast of the S. Locust Grove Rd. and E. Lake Hazel Rd. intersection bordering Apex Southeast. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design should be compatible with existing and future surrounding uses. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Preliminary Plat: The proposed preliminary plat consists of 2"209 building lots(207 205 single-family lots;three (3)residential building lots for future re-subdivision; and 1 lot for future development of townhomes or multi-family apartments)and 24 37 common lots on 96..09 133.07 acres in the R- 2,R-8 and R-15 zoning districts for Apex West Subdivision. The subdivision is proposed to develop in€ear five(4 5)phases as shown on the phasing plan in Section VII.A. The proposed plat ineludes a portion of Par-eel#S1131417220 depieted on the plat as Lot-I-, -Bloeli 5 and the surrounding area outside of Par-eel#S1131417210.As diseussed at the p applieation meeting,the entire par-eel must be ineluded in the proposed plat or-a pr-oper-ty boundary adjustment appliention must be approved to er-eate a separate developable pa for-that area a portion of the lot eannot be ineluded as it would er-eate an illegal split.Until this eoneer-a is resolved,the Cit-f Couneil has inadeauate information to make a flinal, deeision eoneer-nine this pyligation. Therefore, Staff reeommends that prior-to City Page 7 Page 17 Item#2. *hi area.A revised plan was submitted that includes the entire parcel. There Four future development areas are depicted on the plat,Lots 32 and 43,Block 6; Lot 2, Block 5; and Lot 1,Block 1. The R-8 zoned lots(i.e. Lots 32 and 43, Block 6, and Lot 2,Block 5) are planned to be re-subdivided in the future through new preliminary plat applications. The R-15 zoned lot(i.e. Lot 1,Block 1)may be re-subdivided in the future through a new preliminary plat application for the development of 240 townhomes; or, a multi-family development may develop on the site,which will require approval of a conditional use permit. If single-family homes or townhomes are developed on these lots,they shall be re-subdivided prior to issuance of any building permits. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed at the northwest corner of the development from E. Quartz Creek St., a collector street, from S. Meridian Rd. and from S. Sublimity Ave. and S.Apex Ave.,both collector streets,via E. Lake Hazel Rd. Stub streets are proposed to adjacent properties for future extension and interconnectivity. A note should be included on the final plat prohibiting direct lot access to the collector and arterial streets,except for Lots 4-11,Block 10 which are allowed direct access via S. Sublimity Way—homes on these lots should have side entry garages with a turnaround area so that vehicles aren't backing out onto the collector street in an effort to preserve public safety. Street setbacks for residential units abutting collector streets shall be as approved with ZOA-2021-0003. Public alleys are proposed for internal access to some of the lots in Phase 1; alleys are required to comply with the standards listed in UDC 11-6C-3B.5. Three(3) common driveway lots are also proposed and are required to comply with the standards listed in UDC 11-6C-3D; an exhibit for such is included in Section VII.B. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed local street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed f F guests i the r-esidepAial area along with another-28 spaees as depieted en the p"ing plan in Seetion Stag is f the epinien „ffieie,,+,,..,,- ing ea,, be provided f this deyel «.,float Off-street parking is also required for the building/changing rooms at the community swimming pool. A minimum of(1) space is required per every 500 square feet of gross floor area; 12 spaces are proposed which exceeds the minimum standards. A minimum of one(1)bicycle parking space is also required to be provided per UDC 11-3C-6G and should be designed in accord with the standards listed in UDC 11-3C-5C. Page 8 Page 18 Item#2. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west and northeast boundaries of the site. Pathways are proposed as shown on the landscape plan. The Park's Dept. is requiring a 10-foot wide detached pathway along the west side of S. Sublimity Ave. which will connect to the pathway proposed in the common area along the back side of lots in Block 10. The gravel pathway proposed through Blocks 5,6,7, 9 and 10 is required to be improved per the standards listed in UDC 11-3B-12C.3.Landscape strips are required along both sides of all pathways,landscaped per the standards listed in UDC 11- 3B-12C,which include a mix of trees, shrubs,lawn, and/or other vegetative ground cover, including those in Blocks 6, 7, 9 and 10—if within an easement, additional area shall be provided outside of the easement to accommodate landscaping. See comments from Park's Dept. in Section VIII.J. A minimum 5-foot wide pathway should be included in Lot 36,Block 6. All multi-use pathways not located within the right-of-way are required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s) for the phase in which they are located. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-1 : Eight-foot wide parkways are proposed along all streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along E. Lake Hazel Rd., an arterial street; and 20-foot wide street buffers are required along E. Quartz Creek St./S. Sublimity Ave., S. Apex Way and E. Crescendo St., collector streets. Landscaping is required to be installed within the buffers per the standards listed in UDC 11-3B-7C,which require a variety of trees and shrubs,lawn,or other vegetative groundcover—shrubs are required to be included in the buffer in accord with this standard; lawn shall comprise no more than 65% of the vegetated coverage of a landscape buffer(see UDC 11-3B-7C.3 for more information). Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C as noted above under Pathways. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-7C as proposed. Qualified Open Space(UDC 11-3 Based on the standards listed in UDC 11-3G-3,the R-2 zoned area requires a minimum of 8%(or 0.80-acre) open space based on 9.94 acres of land; and the R-8 zoned area requires a minimum of 15%(or 6.01-acres)open space based on 40.09 acres of land for a total of 6.81 acres of common open space.Although the future residential R-8 and R-1 S zoned areas (i.e.Lots 32 and 43, Block 6 and Lot 1, Block 1)are included in the boundary of the proposed plat, Staff did not include these areas in the required open space calculations as they are proposed to be re-subdivided and/or included in a conditional use permit in the future prior to development.At such time they will be required to comply with the open space standards on a stand-alone basis. The proposed open space consists of linear open space, open grassy areas of at least 5,000 square feet in area, 8-foot parkways and street buffers along collector and arterial streets as shown on the Page 9 Page 19 Item#2. open space exhibit in Section VII.D. A total of 16.17 acres of qualified open space is proposed, which exceeds UDC standards. The proposed open space areas have direct pedestrian access,high visibility, comply with the CPTED standards and support a range of leisure and play activities and uses,while promoting the health and well-being of its residents as required in UDC 11-3G-3A.2. Qualified Site Amenities(UDC 11-3G1: Based on the standards listed in UDC 11-3G-4,the 50.03-acre development area requires multiple amenities to be provided totaling a minimum of 10 points from the separate categories listed in UDC Table 11-3G-4.Note:As noted above under the Qualified Open Space analysis, Staff did not include the two (2)R-8 zoned lots (Lots 32 and 43,Block 6) and the R-15 zoned lot(Lot 1, Block 1) in the calculations. A swimming pool with changing facilities and restrooms (6 points);two(2)segments of multi- use pathways totaling approximately'/z mile(totaling 4 points); and a playground(3 points) are proposed totaling 13 points,which exceeds the minimum standards. A detail of the playground equipment should be submitted with the final plat application for the phase in which it is located. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineering Roort for the subdivision. Pressure Irrigation(UDC 11-3A-1 : Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC It It The McBirney Lateral crosses this site within a 40 to 41-foot wide easement;the Farr Lateral crosses the northeast corner of this site within a 55-foot wide easement; and the Watkins Drain runs along the west side of this site within a 38-foot wide easement, as depicted on the plat. These waterways are proposed to be piped in accord with UDC 11-3A-6B. The Applicant requests approval of a waiver to UDC 11-3A-6B to allow the Watkins drain to remain open as an amenity feature; a cross-section of the amenity corridor is included in Section VII.C. In order for Council to waive the requirement for covering the drain,it has to find that the public purpose requiring such will not be served&public safety can be preserved per UDC 11-3A- 6B.3a.No fencing is proposed to prevent access to the drain and the Applicant is not proposing to improve the drain per the water amenity standards in the UDC,which require construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho to be submitted to both the Director&the authorized representative of the water facility for approval. If the waterway/drain is improved as part of the development as a water amenity,its banks in all places adjacent to and located on said development should be no steeper than one (1)foot vertical per every four(4) feet horizontally and have a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet)multiplied by velocity (Meet per second)does not exceed four(4). Page 10 Page 20 Item#2. Williams Pipeline: The Williams Pipeline runs across Lot 2,Block 5 and Lot 32,Block 6 within a 75-foot wide easement. All development within the pipeline easement should comply with the Williams Pipeline Developers Handbook. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. Five-foot tall open vision metal fencing is proposed adjacent to all internal common open space areas to distinguish common from private areas; and 6-foot tall solid wood fencing is proposed in other areas as depicted on the landscape plan in Section VII.0 in accord with UDC standards. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations in a variety of materials and colors were submitted for future single-family detached homes in this development as shown in Section VII.E.Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the changing rooms and swimming pool on Lot 1,Block 5 prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut collector streets(i.e.E. Quartz Creek St. and S. Sublimity Ave. and S.Apex Way south of E. Crescendo St.) .) and arterial streets [i.e. S.Locust Grove Rd. and E.Lake Hazel Rd. (if applicable)l will be highly visible,the rear and/or side of structures on these lots should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on January 6 and Februa 33, 2022.At the public hearing on February 3',the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Mike Wardle and Jon Wardle,Brighton Corporation b. In opposition:None c. Commenting None d. Written testimony: Julie Edwards; Josh Beach,Brighton Corp. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concern with the provision of(3)common driveways within the development& associated traffic congestion as discussed at the Commission hearingfor East; concern pertaining to parking in relation to the alley-accessed units&the adequacy of such for,guests on the adjacent public streets, especially with the common driveways proposed and parking issues associated with those. Suggests some of the building lots be eliminated in favor of provision of a guest parking lot in addition to the on-street Page 11 Page 21 Item#2. parking&elimination of the common driveways in favor of larger lots in those areas. School capacity concerns from the proposed development and others in the area. 3. Key issue(s)of discussion by Commission: a. Inquiry if S. Sublimity Ave. could be built with the first phase as a final build instead of a temporary fire access; b. Inquiry if Apex East and Apex West will be considered one development for common use of common areas and amenities; c. The provision of common driveways within the development and associated congestion —not in favor of common driveways although they're allowed b, code, d. In favor of the Applicant's request to leave the Watkins Drain open and not pipe it. 4. Commission change, (s)to Staff recommendation: a. None 5. Outstandin issue(s) for City Council: a. The Applicant requests approval of a waiver to UDC 11-3A-6B which requires all waterways on the site to be piped in accord with UDC standards,to allow the Watkins drain to remain open as an amenity feature(condition#7 needs to be modified if Council approves the waiver). b. Prior to City Council approval of the subject preliminM plat application, a property boundary adjustment is required to be approved,which incorporates Lot 1,Block 5 and the surrounding area into Parcel#S 1131417210 or creates a separate developable parcel for that area. Council can act on this application but the Findings can't be approved until this has been done. c. Staff requests Council include a modification to condition#2b in Section VIII.A to also include Lots 4-11,Block 10 in the requirement for an easement for a 20' wide street buffer to be provided on the lots along E. Quartz Creek St./S. Sublimity Ave. C. The Meridian City Council heard these items on March 8.2022.At the public hearing.the Council moved to approve the subject PP request. 1. Summary of the City Council public hearing: a. In favor: Mike Wardle&Jon Wardle,Brighton Corn. b. In opposition:None c. Commenting: Julie Edwards d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Question as to whether or not any water studies have been done—concern pertaining to impact on the aquifer and wells in the area from the proposed development; concern pertaining to impact of the proposed development on area school enrollment; timetable for phase 3 construction; and desire for drought tolerant landscaping to be installed. 3. Key issue(s)of discussion by City Council: a. The Ap_plicant's reauest to leave the Watkins drain open and not pipe it; b. Concern pertaining to impact on area school enrollment from students generated from this development; 4. City Council change(s)to Commission recommendation: a. Council approved the Applicant's request to leave the Watkins drain open and not pipe it. Page 12 Page 22 Item#2. VII. EXHIBITS A. Preliminary Plat&Phasing Plan (date: 4"�z 3/16/2022)—REVISED iNDExov DRawiNcs APEX WEST SUBDIVISION PRELIMINARY PLAT "DNITYMA I A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST 1/4,THE NORTHEAST 1/4 OF THE SOUTHWEST * 1/4,AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31,TOWNSHIP 3 NORTH,RANGE I EAST, I BOISE MERIDIAN,ADA COUNTY,IDAHO. ; I ..3.0 .—x°xx. .L \� PRELIMINARY P- I m ° i V u a LEGEND APEX WEST SUBDIVISION -mE� �„ vvEpq MERIDIAN,IDAHO 004ER SHEFT Im 51, 00 xmapan 9�u --- m xPP1.0 Page 13 Page 23 Item#2. a' APEXWEST U DIVISION MERIDIAENIDIRN.IDAHO ��' �S(�l. �N •e_ o -- 1 �a ti "w T6 C7 o H to APEX WEST SUBDIVISION MERIDIAN,IDAHO PP1.1 Page 14 Page 24 Item#2. s® �• �� I: B» MATCH LINE,-S E SHEET PP2.3 APEX WESTSUBOMSION MENIOIAN11OA—HO a.nd%rin_ ��PP2.2 � i .ate... .. .. ......... MATCHLINE-SEESHEET PP2.2 -0 90 to to to to to to l® !®l I e lm e ® €f'9 to Io l0 30 j!o So 30 leiaf�u n�glo to!o to olo to o S®a�� l 9—® ! ile me le 10 le Lit 0»9 Ili APE%WESTSUBONIBION j MEPIINA14,11M 0 « -----rd_--'---„m --------------�@�----- ----------� F " PP2.3 Page 15 Page 25 Item#2. \ ! I .� f. APE%WEST SVool S"N -- MERIDIAN,IDAHO .o.r PP2.4 Page 16 Page 26 Item#2. o , 4 APEX WEST PHASING PHASE 1 75 PHASE 2 71 m ��PHASE3 61 - - o —=-- _ ------ TOTAL 207 -- - - i PHASE 4 R-15 Future - PHASE 5 Future Pre-Plat L L ZLJL— ' I Page 17 Page 27 Item#2. B. Common Driveway Exhibits N—N i s1u F — =REAR IIo I BLOp(4 F�'E D Q 12'� SIDE LOT 14 IS A NON-BIIILOAgLE W —S� z 4 w Q COMMON LOT WITH A BIAWET S O iii n m INGRESS/EGRESS EASEMENT IN O I,r 3 O ¢ N >m FAVOR OF LOTS 13.74.15 Z m10• 12' AND 15,BLOCK 4 <3• h Q C]y DRIVEWAY FOR LOT 23 rn= SIOE� J Z S BLOCK 4 TO BE LOCATED ON ? d 22Y tl THE OPPOSITE SIDE OF THE Y SHARED COMMON ORIYE C.4R.� y- O r SIDE — 2 F. ITT PRDPFFTY LINE � n O �'�NIJ m IO O 12� 20' SIDE T - E.HIM H POINT ST.� ,yif r O 12'¢ LOT 14 OWNER 15 RESPGN5IDLE SIDE J FOR INSTALLING MAINTAINING v; TMEOSGAARIAND IRRIGATION IN \ ± j SIpET km 1P O 11p 20' `.rc .m ' FF EX 2.0 BE LOCA FOR LOT 1]BLOCK 4 ID BUILOI E. BE IAUTEO RED THE ON DRIV SIDE EN IC— OF THE SHARFD COMMON DRIVE TYPICAL PROPERTY LINE �PgEDF]pgy 0 LOTS 13-17 AND 24-25,BLOCK 4 1'=30'WHEN PRINTED AT 11"K17' S = 16 ] Fo Brzsra e�r'�` MIM DRIVEWAY FOR LOT 27 LOT 23 M A NON-BUILDABLE BUILDING - BLOCK E TO BE LOCATED COMMON LOT WITH 7�5 PE. N-Pi ON THE OPPOSITE SIDE INGRESS/EGRESS EOFTHE SHMEO COMMON FAvOB DF LOB 24 SO O DRIVE PRDPERIY LINE BLOCK 8LLOT 25 OWNER G W W - m u REAfl� RESPONSIBLE FOR 2U• v SiDET 5� I INSTALLING AND TT _ 12' O gLOCKq LAIJDSWAIWAINING CAP114G AND 1O• N I c R GARAGE I o KI �. IRR XT SE ION IN THE DRIVEWAY FOR LOT $ O SIDE � f S S+ Q m Y ,4 22 BLOCK 6 TO 1 yy i BE LOCATED ON 1m Q w JP THE OPPOSITE + J� R SIDE OF THE L L —. SIDE L J SIDET �• O, r O 7 O Y SHMED COMMON 3p T 10• 7�, y I Z Z S ORIEL PRORERtt Ia T. SIDT 12' OI sIQuO I �2 Z'D E.SNAG S/T. r L s1pE� J Z 5 f v o I—" 12 SIOET 20— l:l 4 V g SIDE SU �y e "r- —SOFT — L——— smE—L — J E.HIGH POINT ST & DRI—FOR HOT 41 S W m Q,- I O _ '^ / TO BE LOCATEC W p 2 O 44 CWC57E SI E ¢12' ]D OF THE SHARED sIDEI PCRDPpF]COMMON URN HNE km .11 51DEE J 1' W W ¢ p44 OWNER E N G I H E E E 1 N G IS ESPDNSIBLE SIpET i O FOR I"I'TN NG LOT 4]IS A NDN-BUILDABLE WILDING I]RI'/EWAY FqN ANp MNNTNNING �XO� v rONT COMMON LOT WITH A ENVELOPE LOT 48 DLOCK 4 •^ LANIYSCAPING ICL r, 61ANNEI INGRESS/EGRESS TYPICAL. TO OE LOCATED AND IRRIGATION �} EMENT IN FAVOR OF LOTS OPPOSITE S1DE IN THESE MEAS E0.5 ON THE 43,4a ANO 4s.BLOCK 4 EX 3.D a� BLDCK6 n O OF THE SHAVED 12 I uEu LOTS 4146 BLOCK 4 COMMON DUN - , II PROPERTY LINE L — REM 1'=30'WHEN PRINTED AT 117X17' TF.oFf r'�A �'h ASSAY a* LOTS 22-27,BLOCK 6 ef1 6 s I'=3G'WHEN PRINTED AT 11";f1]' -9y h?1$CA�A "n4 Page 18 Page 28 Item#2. C. Landscape Plan&Fencing Plan(date: 8�o%021 3/15/2022)-REVISED OPENSPACE TREE CALCIJLATIONS{L SE) � n ��H �� -- ��-,� ®� + � --- -- -- �• � •� nor. �� Tw o a�aQ9 m, �~ "'� " TOTAL OPEN SPACE TREES SNtEET TREE CALCLlAT10N5{1TAEE/3 JF I �vb --� -� - --- -- -- _ APEX WEST SUBDIVISION TOTALSIPEFTTREES MERIpAN,IDAFIO 6 MICRO PATHWAY CA"LATIONS[I TREE11M UFj�• ...a,..nw # woia z wsr■Y.■ PRELIMINARYPLAT LANDSCAPE COVER a� TOTAL PATHWAY TREES MMGAT10N REQUIREMENTS LOIlTACTINPoRMATIpI TOTAL TIIEES RFAUIREO�PROYOFD '+ry.w �F®� Page 19 Page 29 Item#2. g y © a a — j jjj I --------------- PRELIMINARY PLAT LANDSCAPE PLAN �u.W� -. APIX WEST SubgVlSlon ,,� MERIgPN,IPPHO Y WbRGI nvuau -wn.c G,yp�w 1km mPM 0 7, N 0 MEW lA o n ® R Q Ili @ Q @ - 1 _ g .,,ti i "kl 1� APIX WEST SIIngVISI MI ON PRELINARY PLAT LANDSCAPE PLAN MERIMAN,I MUST ra� �bwn km PPL3 D,m Page 20 Page 30 Item#2. Yi h ____ - - _-- T APB WEST SOBgVI510N PRELIMINARY PLAT LANDICAPE PLAN MERIgAN,IgV10 •�u W mPPL4.0 n ® N � m 0 _ o a © o - ___ _ o n•��ee�.�¢�4J_C�CI•� �_��®G)�O O• @0I9i6}9H9Effi19Ei@0I9i ---__ _- I n.�a�,sa M.c� I,I:��L•;a®©o � � xxasm ��m.�— ,. sxnaalle - --- _ Y g .ramu dw, tL-' was"' lYasae e c,Pa xa APBMn SOBpYI510N MERIgPN,IgN1O ^d �1PRELI MINA-PLAT FENCE EXHiBiT i e�Wit« MMM— �PPL5.0 Page 21 Page 31 Item#2. m x 381' W WIDTH VARIES THROUGHOUT SEE LANDSCAPE PLAN o a 38' 25' WATKINS DRAIN CITYSEWER Es o S EASEMENT EASEMENT �— z a D a W a rc oZ aZ I I 14' o a z I I g+ a SHAPER VIEW DUAL I PURPOSE APEX WEST z ESTATES i "° i PATHWAY a' SUBDIVISION I I ti PEDESTRIAN AND F LL 3�'_^ I t SEWER nLL I p¢5xUQ5; > ACCESS � u wzN a:i 05: 2730 =2730 lam 2728— _ —_ —_ —_ —_ —_ —_ _— _ —_ _ —_ —_ _ _— —_ — _ —2728 ENGINEER I N G 2726— — — — — — — — — — — — — — — — — — — — — — — — — — —2726 NATIVE MANICURED i:oers�s.cils c LANDSCAPE I LANDSCAPE I RnuRR WATKINS DRAIN SECTION NTS 1 OF 1 •`gEaFlD� vssnve o•. Page 22 Page 32 Item#2. D. Open Space Exhibit(dated: $ 1 3/15/22) -REVISED R-2C MMO MT ARM R4[ MMON LOTARM C O LID P ®®B®®9®®®®® U0 GG�G.0 611 TM� R-LscOMMON LOT NiEAS I — wo�a,.K..esyrm a.�,o..,a,. ,-Mi i� Co .�._.. ..� ...w. „e„� APEX WEST SUBUMSIDN. MERIDIAN,IUAHD AP-I%ESTSUBDRISION OPEN SPACE EXHIBIT �� ,«� oafs wxE uw�arr SEX 1.0 Page 23 Page 33 E. Conceptual Building Elevations ��■ - ApexNW ReudendalAlky _ Y I 1IL Eff Apex SE Ae�lden[ial-[anvenrbnol �� T Apes Sf Fesb'entbl-[pnveaRnnel - F - AFea'SE ResdendW-Com:entiarwl __ �_ �I y 7 — Apex sr rsesiaennor [onve no r Apa=Sf R¢ud¢nMp1-[anuenrbnal �Y ' P e g' 24 Item#2. VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to City Couneil et#er-ine its Findings ef Faet, Genelt*siefis of Law,Final Peeision, and Or-der-, approval of the subject preliminary plat applieation, a propefty boundary adjustment shall be ereates a separate develepable par-eel for-that area-. A. PLANNING DIVISION 1. Future development shall comply with the provisions of the existing Development Agreements(i.e. Shafer View Estates—Inst. #2021-102396 and Apex—Inst. #2020-178120), and the preliminary plat,phasing plan, common driveway exhibits, landscape plan and conceptual elevations in Section VII and the conditions of approval listed below. 2. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access to the collector and arterial streets, except for Lots 4-11,Block 10. b. Depict an easement for the 20-foot wide street buffer on the west side of S. Apex Ave. south of E. Crescendo St.; for the 25-foot wide street buffers on the west side of S.Locust Grove Rd. on Lot 2,Block 5 and on the north side of E. Lake Hazel Rd. on Lot 1,Block 1. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict additional landscaping within street buffers as set forth in UDC 11-3B-7C.Note: These standards were recently revised. b. Depict a 20-foot wide street buffer on the west side of S. Apex Ave. south of E. Crescendo St. with landscaping in accord with the standards listed in UDC 11-3B-7C. Note: These standards were recently revised. c. All pathways shall be improved per the standards listed in UDC 11-3B-12C.3 and have landscape strips along each side of the pathways and be landscaped per the standards listed in UDC 11-3B-12C,which requires a mix of trees, shrubs,lawn, and/or other vegetative ground cover. Pathways are not allowed to have a gravel surface. Landscape strips are required along all pathways, including those in Blocks 6, 7, 9 and 10—if within an easement that prohibits trees, additional area shall be provided outside of the easement to accommodate the required landscaping. d. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(11-3B-12C)landscaping; include required vs.provided number of trees. Landscaping is required along all pathways. e. A minimum 5-foot wide pathway shall be included in Lot 36, Block 6. f. Depict a 10-foot wide detached multi-use pathway along the west side of S. Sublimity Ave. as required by the Park's Dept. in accord with the Pathways Master Plan. g. The fencing on the northeast side of Lot 34,Block 6 shall be revised to comply with the standards listed in UDC 11-3A-7A.7b. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathways within the site that are not within the public right-of-way prior to submittal of the final plat for City Engineer signature in the phase in which they are located. Page 25 Page 35 Item#2. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district, 11-2A-6 for the R-8 zoning district and 11- 2A-7 for the R-15 zoning district. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests approval of a waiver from City Council to leave the Watkins drain open—Council approved this request. 8. Homes on Lots 4-11,Block 10 shall have side entry garages with a turnaround area so that vehicles aren't backing out onto the collector street in an effort to preserve public safety. 9. If a multi-family development is proposed on Lot 1,Block 1, a conditional use permit application shall be submitted and approved prior to submittal of any building permit applications for that lot. Qualified open space and site amenities shall be provided in accord with UDC standards for such. 10. If single-family homes or townhomes are developed on Lot 2,Block 5; Lots 32 and 43,Block 6 and/or on Lot 1,Block 1,these lots shall be re-subdivided prior to issuance of any building permits. Qualified open space and site amenities shall be provided in accord with UDC standards for such. 11. Homes on lots that abut collector streets(i.e. E. Quartz Creek St. and S. Sublimity Ave. and S.Apex Way south of E. Crescendo St.)and arterial streets [i.e. S. Locust Grove Rd. and E. Lake Hazel Rd. (if applicable)] will be highly visible,the rear and/or side of structures on these lots should incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 12. Submit a detail of the proposed playground equipment with the final plat application. 13. All development within the Williams pipeline easement shall comply with the Williams Pipeline Developers Handbook. 14. Street setbacks for residential units abutting collector streets shall be as approved with ZOA- 2021-0003. 15. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development(i.e. changing rooms associated with the swimming pool) and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. 16. Staff s failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 All sewer manholes must have a 14-foot-wide access road per the City Design Standards. 1.2 Ensure no sewer services cross infiltration trenches. Page 26 Page 36 Item#2. 1.3 No permanent structures may be within City utility easements including but not limited to trees,bushes,buildings, carports,trash enclosures, fences, infiltration trenches, light poles, etc. 1.4 Do not run sewer main in common driveways, services should be run within the common driveway. 1.5 Sewer main should be run from the northern portion of the site down South Sublimity Way from the existing sewer main. Main should be kept within the Right of Way whenever possible. 1.6 12-inch water main will need to be constructed at the Northwest corner to make the second connection at East Quartz Creek Street. 1.7 There is a piece of water main missing at the corner of East Prickle Drive and East Pinpoint Way,this must be included to complete the water loop. 1.8 The water main in East Prime Drive needs to be upsized to 12-inch from South Subilimity Way to East Prickle Drive. 1.9 The water main in East Prickle Drive needs to be upsized to 12-inch from East Prime Drive to East Heyday Drive. 1.10 The water stub in East Heyday Drive to the property line needs to be upsized to 12-inch 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of Page 27 Page 37 Item#2. assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1- foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the Page 28 Page 38 Item#2. facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=243074&dbid=0&repo=MeridianC hty Phasing Map: https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=243072&dbid=0&repo=MeridianC Lty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=244321&dbid=0&repo=MeridianC hty E. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=2 4 8 41 6&db id=0&rep o=Meridia n C ity F. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridianci ty.org/WebLink/Doc View.aspx?id=2 4 8 65 8&db id=0&rep o=Meridia n C ity Page 29 Page 39 Item#2. G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=242586&dbid=0&repo=MeridianC i &cr=1 https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=250827&dbid=0&repo=MeridianC hty H. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=243205&dbid=0&repo=MeridianC hty I. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=243211&dbid=0&repo=MeridianC hty J. PARK'S DEPARTMENT hgps://weblink.meridianciU.org/WebLink/DocView.aspx?id=251528&dbid=0&repo=MeridianC iv IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is generally consistent with the adopted Comprehensive Plan in regard to land use, density and collector street layout. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) Page 30 Page 40 Item#2. 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 31 Page 41 Item#2. STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING March 22,2022 DATE: Continued from:March 8, 2022 TO: Mayor&City Council ro FROM: Sonya Allen,Associate Planner a 8( - 208-884-5533 H '� � n SUBJECT: H-2021-0087 LMEX62ELRR Apex West—PP(aka Pinnacle) LOCATION: North side of E. Lake Hazel Rd., PROJECT approximately 1/4 mile west of S.Locust Grove Rd., in the south 1/2 of Section 31, T.3N.,R.1E. I. PROJECT DESCRIPTION Preliminary plat consisting of 2-N 209 building lots(2-P 205 single-family residential lots 3 residential lots for future re-subdivision for single-family homes and 1 lot for future development of townhomes or multi-family apartments) and 34 37 common lots on 96.09 133.07 acres in the R-2,R- 8 and R-15 zoning districts for Apex West Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 96.08 133.07 acres Existing/Proposed Zoning R-2,R-8 and R-15 Future Land Use Designation Low Density Residential(LDR),Medium Density Residential(MDR)and Medium High Density Residential (MHDR) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)detached dwellings Lots(#and type;bldg./common) 249 209 building lots/34 37 common lots Phasing Plan(#of phases) 4 phases Number of Residential Units(type 2-0-7 205 (SFR detached dwellings) of units) Density(gross&net) 3.17 units/acre(gross); 5.29 units/acre(net)—overall(not including future units in R-8 and R-15 zoned lots) Open Space(acres,total 16.17 acres(or 16.61%)common open space [%]/buffer/qualified) Amenities Swimming pool,two(2)segments of the City's multi-use pathway system,and an additional 5%open space above the minimum required. Page 1 Page 42 Item#2. Description Details Page Physical Features(waterways, The McBirney Lateral and another un-named waterway hazards,flood plain,hillside) cross this site. Neighborhood meeting date;#of 10/19/21 attendees: History(previous approvals) H-2020-0066;Development Agreement Inst.#2020- 178120(Apex);H-2020-0117;Development Agreement Inst.#2021-102396(Shafer View Terrace) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Two(2)accesses are proposed via E.Lake Hazel Rd.,an arterial (Arterial/Collectors/State street;and one(1)access is proposed via E.Quartz Creek St.,a Hwy/Local)(Existing and collector street. Proposed) r Traffic Level Of Service • Roadway Frontage Functional PM Peak Hour PM Peak Hour Classifrcatton Traffic Count Level of Service Lake Hazel Road 1,321-feet Principal Arterial 351 Better than"E" Locust Grove Road 1,350-feet Minor Arterial 181 Better than"E" Acceptable level of service for a two-lane principal arterial is"E"(690 VPH). 'Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). Stub E. Quartz Creek St.is proposed to be extended through this site; Street/Interconnectivity/Gros stub streets are proposed to be extended from Apex Northwest#1 s Access and#2;stub streets are proposed to adjacent properties. Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Lake Hazel Road to Improvements Amity Road between 2036 and 2040 • Lake Hazel Road is listed in the CIP to be widened to 3-lanes from Linder Road to Meridian Road between 2036 and 2040. • Lake Hazel Road is listed in the CIP to be widened to 5-lanes from Meridian Road to Locust Grove Road between 2036 and 2040 - • Lake Hazel Road is listed in the CIP to be widened to 5-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. Apex Subdivision entered into a Cooperative Development Agreement with ACHD in May 2021 to widen the segment of Lake Hazel Road to 5-lanes to the east of this site.These construction plans are currently under review. • The intersection of Lake Hazel Road and Locust Grove Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south, 4-lanes east,and 4-lanes on the west leg between 2036 and 2040.Apex Subdivision entered into a Cooperative Development Agreement with ACHD in May 2021 to fully improve this intersection consistent with the 2020 CIP.Construction plans are currently under review with Al • The intersection of Lake Hazel Road and Eagle Road is scheduled In the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south leg,3-lanes on the west leg and 4- lanes on the east leg and signalized in 2023. • The intersection of Lake Hazel Road and Meridian Road is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south.7-lanes east,and 7-lanes on the west leg and signalized between 2036 and 2040. • The intersection of Amity Road and Locust Grove Road is listed in the CIP to be reconstructed as a multi-lane roundabout xdth 2-lanes on the north leg,2-lanes on the south,4-lanes east, and 4-lams on the west leg between 2031 and 2035. Fire Service • Distance to Fire Station 13.6 miles Page 2 Page 43 Item#2. Description Details P • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#6—cannot meet response time goals. When Fire Station#7 is constructed in late summer of 2023, it will be within the S:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. ALL residences having two frontages(the street&an alleyway behind it)shall have address numbers on the front of the building and on the back side facing the alley. • Special/resource needs Project will require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service No comments received • Distance from police station • Police Response Time Approved ME Pro West Ada School District ected Approved lots per units per Students from • Distance(elem,ins,hS) Enrollment Ca ac attendance area attendance area Approved Dew. • Capacity of Schools Mary McPherson Elementary 449 675 2677 26 591 Victory Middle School 984 low 3739 502 501 • #of Students Enrolled Mountain View High School 2368 2175 2701 0 432 School of Choice DOtiOns Christine Donnell School-Arts 489 500 N/A N/A Spalding Elementary-STEM 656 7S0 N/A N/A • #of Students Predicted from this development 132 school aged children predicted from this development by WASD(154 for future townhomes) School lm act Table Wastewater • Impacts/concerns • Flow is committed • All sewer manholes must have a 14-foot-wide access road per the City Design Standards. • Ensure no sewer services cross infiltration trenches • No permanent structures may be within City utility easements including but not limited to trees,bushes,buildings,carports,trash enclosures, fences,infiltration trenches,light poles,etc. • Do not run sewer main in common driveways,services should be run within the common driveway. • Sewer main should be run from the northern portion of the site down South Sublimity Way from the existing sewer main.Main should be kept within the Right of Way whenever possible. Water • Distance to Water Directly adjacent Services • Pressure Zone 5 • Estimated Project Water See application ERU's • Water Quality None Page 3 Page 44 Item#2. • Project Consistent with Yes Water Master Plan • Impacts/Concerns • 12 inch water main will need to be constructed at the Northwest corner to make the second connection at East Quartz Creek Street. • There is a piece of water main missing at the corner of East Prickle Drive and East Pinpoint Way,this must be included to complete the water loop. • The water main in East Prime Drive needs to be upsized to 12 inch from South Sublimity Way to East Prickle Drive. • The water main in East Prickle Drive needs to be upsized to 12 inch from East Prime Drive to East Heyday Drive. • The water stub in East Heyday Drive to the property line needs to be upsized to 12 inch. C. Project Area Maps Future Land Use Map Aerial Map Legend W a ffeegend AM FT)FT Prc�feDi L aTK:m w 41 nsrty 6i" Zia dium Den LU ni LAKE �u1ed-High ens �side�ntial .R Page 4 Page 45 Item#2. Zoning Map Planned Development Map (f Rl Rl Rl Legend W E 0 Legend 0 W 9 Prajeci Lccafkm RUT let Project Lcca�n R-o— — R1 +_i City Lim& R-4 R-8 R.g R-4 R — Planned Parcels i R- —R- ----, - C- R' 1 R- F R-4 RUT p ' RUT R-4 a I i 5 R� R-4 R-4 R' ' G- —A RUT - -- --- f --- R-4 I RUT - A. Applicant: Josh Beach,Brighton Development, Inc. —2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 C. Representative: Same as Applicant III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 12/21/2021 2/20/2022 newspaper Notification mailed to property owners within 300 feet 12/15/2021 2/17/2022 Applicant posted public hearing 12/22/2021 2/24/2022 notice on site Nextdoor posting 12/16/2021 2/18/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates approximately 11 acres of the site as Low Density Residential(LDR), 65 acres as Medium Density Residential (MDR) and 20 acres as Medium High-Density Residential(MHDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. Page 5 Page 46 Item#2. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre.These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The proposed development consists of a total of 20 209 single-family detached dwellings. The plat includes two(2)R-8 zoned lots in the MDR designated area for future residential development; and one(1)R-15 zoned lot in the MHDR designated area for future development of townhomes or multi- family apartments. The proposed development in the MDR designated area has an overall gross density of 3.17 units/acre with a net density of 5.29 units per acre, excluding the future development areas. The R-2 portion has a gross density of 0.70 units/acre with a net density of 1.18 units/acre and the R-8 portion has a gross density of 3.70 units/acre with a net density of 6.16 units/acre, consistent with the densities desired in the associated LDR and MDR designations. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents." (2.01.02D) Only one housing type, single-family detached, is proposed in this development at this time; some units will be accessed via internal local and collector streets with front/side entry garages while others will have rear access via alleys.Another housing type, either townhomes or multi- family apartments, is planned to develop on the R-IS zoned future development area (i.e. Lot 1, Block 1). If townhomes are proposed, the lot will need to be re-subdivided to accommodate the townhome units; if apartments are proposed, a conditional use permit will be needed for approval of a multi family development. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to service this development in accord with UDC 11-3A-21. The emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 7 is constructed in the late summer of 2023, it will meet the response time goal. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed use and site design are compatible with existing and future uses, which should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are Page 6 Page 47 Item#2. required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Two (2)segments of the City's multi-use pathway system is proposed within this site consistent with the Pathways Master Plan, which will provide safe pedestrian and bicycle access to the internal common area with a swimming pool and school site to the southeast in Apex Southeast. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS) was required by ACHD for this development and was taken into consideration in ACHD's report. See comments from WASD and Community Development in Section VIII for school enrollment calculations in regard to the number of school-aged children estimated to be generated from this development and associated school capacity. The closest City Park to this site is Discovery Park, a regional park consisting of 77-acres of land, to the southeast of the S. Locust Grove Rd. and E. Lake Hazel Rd. intersection bordering Apex Southeast. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design should be compatible with existing and future surrounding uses. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Preliminary Plat: The proposed preliminary plat consists of 2"209 building lots(207 205 single-family lots;three (3)residential building lots for future re-subdivision; and 1 lot for future development of townhomes or multi-family apartments)and 24 37 common lots on 96..09 133.07 acres in the R- 2,R-8 and R-15 zoning districts for Apex West Subdivision. The subdivision is proposed to develop in€ear five(4 5)phases as shown on the phasing plan in Section VII.A. The proposed plat ineludes a portion of Par-eel#S1131417220 depieted on the plat as Lot-I-, -Bloeli 5 and the surrounding area outside of Par-eel#S1131417210.As diseussed at the p applieation meeting,the entire par-eel must be ineluded in the proposed plat or-a pr-oper-ty boundary adjustment appliention must be approved to er-eate a separate developable pa for-that area a portion of the lot eannot be ineluded as it would er-eate an illegal split.Until this eoneer-a is resolved,the Cit-f Couneil has inadeauate information to make a flinal, deeision eoneer-nine this pyligation. Therefore, Staff reeommends that prior-to City Page 7 Page 48 Item#2. *hi area.A revised plan was submitted that includes the entire parcel. There Four future development areas are depicted on the plat,Lots 32 and 43,Block 6; Lot 2, Block 5; and Lot 1,Block 1. The R-8 zoned lots(i.e. Lots 32 and 43, Block 6, and Lot 2,Block 5) are planned to be re-subdivided in the future through new preliminary plat applications. The R-15 zoned lot(i.e. Lot 1,Block 1)may be re-subdivided in the future through a new preliminary plat application for the development of 240 townhomes; or, a multi-family development may develop on the site,which will require approval of a conditional use permit. If single-family homes or townhomes are developed on these lots,they shall be re-subdivided prior to issuance of any building permits. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed at the northwest corner of the development from E. Quartz Creek St., a collector street, from S. Meridian Rd. and from S. Sublimity Ave. and S.Apex Ave.,both collector streets,via E. Lake Hazel Rd. Stub streets are proposed to adjacent properties for future extension and interconnectivity. A note should be included on the final plat prohibiting direct lot access to the collector and arterial streets,except for Lots 4-11,Block 10 which are allowed direct access via S. Sublimity Way—homes on these lots should have side entry garages with a turnaround area so that vehicles aren't backing out onto the collector street in an effort to preserve public safety. Street setbacks for residential units abutting collector streets shall be as approved with ZOA-2021-0003. Public alleys are proposed for internal access to some of the lots in Phase 1; alleys are required to comply with the standards listed in UDC 11-6C-3B.5. Three(3) common driveway lots are also proposed and are required to comply with the standards listed in UDC 11-6C-3D; an exhibit for such is included in Section VII.B. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed local street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed f F guests i the r-esidepAial area along with another-28 spaees as depieted en the p"ing plan in Seetion Stag is f the epinien „ffieie,,+,,..,,- ing ea,, be provided f this deyel «.,float Off-street parking is also required for the building/changing rooms at the community swimming pool. A minimum of(1) space is required per every 500 square feet of gross floor area; 12 spaces are proposed which exceeds the minimum standards. A minimum of one(1)bicycle parking space is also required to be provided per UDC 11-3C-6G and should be designed in accord with the standards listed in UDC 11-3C-5C. Page 8 Page 49 Item#2. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west and northeast boundaries of the site. Pathways are proposed as shown on the landscape plan. The Park's Dept. is requiring a 10-foot wide detached pathway along the west side of S. Sublimity Ave. which will connect to the pathway proposed in the common area along the back side of lots in Block 10. The gravel pathway proposed through Blocks 5,6,7, 9 and 10 is required to be improved per the standards listed in UDC 11-3B-12C.3.Landscape strips are required along both sides of all pathways,landscaped per the standards listed in UDC 11- 3B-12C,which include a mix of trees, shrubs,lawn, and/or other vegetative ground cover, including those in Blocks 6, 7, 9 and 10—if within an easement, additional area shall be provided outside of the easement to accommodate landscaping. See comments from Park's Dept. in Section VIII.J. A minimum 5-foot wide pathway should be included in Lot 36,Block 6. All multi-use pathways not located within the right-of-way are required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s) for the phase in which they are located. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-1 : Eight-foot wide parkways are proposed along all streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along E. Lake Hazel Rd., an arterial street; and 20-foot wide street buffers are required along E. Quartz Creek St./S. Sublimity Ave., S. Apex Way and E. Crescendo St., collector streets. Landscaping is required to be installed within the buffers per the standards listed in UDC 11-3B-7C,which require a variety of trees and shrubs,lawn,or other vegetative groundcover—shrubs are required to be included in the buffer in accord with this standard; lawn shall comprise no more than 65% of the vegetated coverage of a landscape buffer(see UDC 11-3B-7C.3 for more information). Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C as noted above under Pathways. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-7C as proposed. Qualified Open Space(UDC 11-3 Based on the standards listed in UDC 11-3G-3,the R-2 zoned area requires a minimum of 8%(or 0.80-acre) open space based on 9.94 acres of land; and the R-8 zoned area requires a minimum of 15%(or 6.01-acres)open space based on 40.09 acres of land for a total of 6.81 acres of common open space.Although the future residential R-8 and R-1 S zoned areas (i.e.Lots 32 and 43, Block 6 and Lot 1, Block 1)are included in the boundary of the proposed plat, Staff did not include these areas in the required open space calculations as they are proposed to be re-subdivided and/or included in a conditional use permit in the future prior to development.At such time they will be required to comply with the open space standards on a stand-alone basis. The proposed open space consists of linear open space, open grassy areas of at least 5,000 square feet in area, 8-foot parkways and street buffers along collector and arterial streets as shown on the Page 9 Page 50 Item#2. open space exhibit in Section VII.D. A total of 16.17 acres of qualified open space is proposed, which exceeds UDC standards. The proposed open space areas have direct pedestrian access,high visibility, comply with the CPTED standards and support a range of leisure and play activities and uses,while promoting the health and well-being of its residents as required in UDC 11-3G-3A.2. Qualified Site Amenities(UDC 11-3G1: Based on the standards listed in UDC 11-3G-4,the 50.03-acre development area requires multiple amenities to be provided totaling a minimum of 10 points from the separate categories listed in UDC Table 11-3G-4.Note:As noted above under the Qualified Open Space analysis, Staff did not include the two (2)R-8 zoned lots (Lots 32 and 43,Block 6) and the R-15 zoned lot(Lot 1, Block 1) in the calculations. A swimming pool with changing facilities and restrooms (6 points);two(2)segments of multi- use pathways totaling approximately'/z mile(totaling 4 points); and a playground(3 points) are proposed totaling 13 points,which exceeds the minimum standards. A detail of the playground equipment should be submitted with the final plat application for the phase in which it is located. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineering Roort for the subdivision. Pressure Irrigation(UDC 11-3A-1 : Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC It It The McBirney Lateral crosses this site within a 40 to 41-foot wide easement;the Farr Lateral crosses the northeast corner of this site within a 55-foot wide easement; and the Watkins Drain runs along the west side of this site within a 38-foot wide easement, as depicted on the plat. These waterways are proposed to be piped in accord with UDC 11-3A-6B. The Applicant requests approval of a waiver to UDC 11-3A-6B to allow the Watkins drain to remain open as an amenity feature; a cross-section of the amenity corridor is included in Section VII.C. In order for Council to waive the requirement for covering the drain,it has to find that the public purpose requiring such will not be served&public safety can be preserved per UDC 11-3A- 6B.3a.No fencing is proposed to prevent access to the drain and the Applicant is not proposing to improve the drain per the water amenity standards in the UDC,which require construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho to be submitted to both the Director&the authorized representative of the water facility for approval. If the waterway/drain is improved as part of the development as a water amenity,its banks in all places adjacent to and located on said development should be no steeper than one (1)foot vertical per every four(4) feet horizontally and have a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet)multiplied by velocity (Meet per second)does not exceed four(4). Page 10 Page 51 Item#2. Williams Pipeline: The Williams Pipeline runs across Lot 2,Block 5 and Lot 32,Block 6 within a 75-foot wide easement. All development within the pipeline easement should comply with the Williams Pipeline Developers Handbook. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. Five-foot tall open vision metal fencing is proposed adjacent to all internal common open space areas to distinguish common from private areas; and 6-foot tall solid wood fencing is proposed in other areas as depicted on the landscape plan in Section VII.0 in accord with UDC standards. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations in a variety of materials and colors were submitted for future single-family detached homes in this development as shown in Section VII.E.Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the changing rooms and swimming pool on Lot 1,Block 5 prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut collector streets(i.e.E. Quartz Creek St. and S. Sublimity Ave. and S.Apex Way south of E. Crescendo St.) .) and arterial streets [i.e. S.Locust Grove Rd. and E.Lake Hazel Rd. (if applicable)l will be highly visible,the rear and/or side of structures on these lots should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on January 6 and Februa 33, 2022.At the public hearing on February 3',the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Mike Wardle and Jon Wardle,Brighton Corporation b. In opposition:None c. Commenting None d. Written testimony: Julie Edwards; Josh Beach,Brighton Corp. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concern with the provision of(3)common driveways within the development& associated traffic congestion as discussed at the Commission hearingfor East; concern pertaining to parking in relation to the alley-accessed units&the adequacy of such for,guests on the adjacent public streets, especially with the common driveways proposed and parking issues associated with those. Suggests some of the building lots be eliminated in favor of provision of a guest parking lot in addition to the on-street Page 11 Page 52 Item#2. parking&elimination of the common driveways in favor of larger lots in those areas. School capacity concerns from the proposed development and others in the area. 3. Key issue(s)of discussion by Commission: a. Inquiry if S. Sublimity Ave. could be built with the first phase as a final build instead of a temporary fire access; b. Inquiry if Apex East and Apex West will be considered one development for common use of common areas and amenities; c. The provision of common driveways within the development and associated congestion —not in favor of common driveways although they're allowed b, code, d. In favor of the Applicant's request to leave the Watkins Drain open and not pipe it. 4. Commission change, (s)to Staff recommendation: a. None 5. Outstandin issue(s) for City Council: a. The Applicant requests approval of a waiver to UDC 11-3A-6B which requires all waterways on the site to be piped in accord with UDC standards,to allow the Watkins drain to remain open as an amenity feature(condition#7 needs to be modified if Council approves the waiver). b. Prior to City Council approval of the subject preliminM plat application, a property boundary adjustment is required to be approved,which incorporates Lot 1,Block 5 and the surrounding area into Parcel#S 1131417210 or creates a separate developable parcel for that area. Council can act on this application but the Findings can't be approved until this has been done. c. Staff requests Council include a modification to condition#2b in Section VIII.A to also include Lots 4-11,Block 10 in the requirement for an easement for a 20' wide street buffer to be provided on the lots along E. Quartz Creek St./S. Sublimity Ave. C. The Meridian City Council heard these items on March 8.2022.At the public hearing.the Council moved to approve the subject PP request. 1. Summary of the City Council public hearing: a. In favor: Mike Wardle&Jon Wardle,Brighton Corn. b. In opposition:None c. Commenting: Julie Edwards d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Question as to whether or not any water studies have been done—concern pertaining to impact on the aquifer and wells in the area from the proposed development; concern pertaining to impact of the proposed development on area school enrollment; timetable for phase 3 construction; and desire for drought tolerant landscaping to be installed. 3. Key issue(s)of discussion by City Council: a. The Ap_plicant's reauest to leave the Watkins drain open and not pipe it; b. Concern pertaining to impact on area school enrollment from students generated from this development; 4. City Council change(s)to Commission recommendation: a. Council approved the Applicant's request to leave the Watkins drain open and not pipe it. Page 12 Page 53 Item#2. VII. EXHIBITS A. Preliminary Plat&Phasing Plan (date: 4"�z 3/16/2022)—REVISED iNDExov DRawiNcs APEX WEST SUBDIVISION PRELIMINARY PLAT "DNITYMA I A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST 1/4,THE NORTHEAST 1/4 OF THE SOUTHWEST * 1/4,AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31,TOWNSHIP 3 NORTH,RANGE I EAST, I BOISE MERIDIAN,ADA COUNTY,IDAHO. ; I ..3.0 .—x°xx. .L \� PRELIMINARY P- I m ° i V u a LEGEND APEX WEST SUBDIVISION -mE� �„ vvEpq MERIDIAN,IDAHO 004ER SHEFT Im 51, 00 xmapan 9�u --- m xPP1.0 Page 13 Page 54 Item#2. a' APEXWEST U DIVISION MERIDIAENIDIRN.IDAHO ��' �S(�l. �N •e_ o -- 1 �a ti "w T6 C7 o H to APEX WEST SUBDIVISION MERIDIAN,IDAHO PP1.1 Page 14 Page 55 Item#2. s® �• �� I: B» MATCH LINE,-S E SHEET PP2.3 APEX WESTSUBOMSION MENIOIAN11OA—HO a.nd%rin_ ��PP2.2 � i .ate... .. .. ......... MATCHLINE-SEESHEET PP2.2 -0 90 to to to to to to l® !®l I e lm e ® €f'9 to Io l0 30 j!o So 30 leiaf�u n�glo to!o to olo to o S®a�� l 9—® ! ile me le 10 le Lit 0»9 Ili APE%WESTSUBONIBION j MEPIINA14,11M 0 « -----rd_--'---„m --------------�@�----- ----------� F " PP2.3 Page 15 Page 56 Item#2. \ ! I .� f. APE%WEST SVool S"N -- MERIDIAN,IDAHO .o.r PP2.4 Page 16 Page 57 Item#2. o , 4 APEX WEST PHASING PHASE 1 75 PHASE 2 71 m ��PHASE3 61 - - o —=-- _ ------ TOTAL 207 -- - - i PHASE 4 R-15 Future - PHASE 5 Future Pre-Plat L L ZLJL— ' I Page 17 Page 58 Item#2. B. Common Driveway Exhibits N—N i s1u F — =REAR IIo I BLOp(4 F�'E D Q 12'� SIDE LOT 14 IS A NON-BIIILOAgLE W —S� z 4 w Q COMMON LOT WITH A BIAWET S O iii n m INGRESS/EGRESS EASEMENT IN O I,r 3 O ¢ N >m FAVOR OF LOTS 13.74.15 Z m10• 12' AND 15,BLOCK 4 <3• h Q C]y DRIVEWAY FOR LOT 23 rn= SIOE� J Z S BLOCK 4 TO BE LOCATED ON ? d 22Y tl THE OPPOSITE SIDE OF THE Y SHARED COMMON ORIYE C.4R.� y- O r SIDE — 2 F. ITT PRDPFFTY LINE � n O �'�NIJ m IO O 12� 20' SIDE T - E.HIM H POINT ST.� ,yif r O 12'¢ LOT 14 OWNER 15 RESPGN5IDLE SIDE J FOR INSTALLING MAINTAINING v; TMEOSGAARIAND IRRIGATION IN \ ± j SIpET km 1P O 11p 20' `.rc .m ' FF EX 2.0 BE LOCA FOR LOT 1]BLOCK 4 ID BUILOI E. BE IAUTEO RED THE ON DRIV SIDE EN IC— OF THE SHARFD COMMON DRIVE TYPICAL PROPERTY LINE �PgEDF]pgy 0 LOTS 13-17 AND 24-25,BLOCK 4 1'=30'WHEN PRINTED AT 11"K17' S = 16 ] Fo Brzsra e�r'�` MIM DRIVEWAY FOR LOT 27 LOT 23 M A NON-BUILDABLE BUILDING - BLOCK E TO BE LOCATED COMMON LOT WITH 7�5 PE. N-Pi ON THE OPPOSITE SIDE INGRESS/EGRESS EOFTHE SHMEO COMMON FAvOB DF LOB 24 SO O DRIVE PRDPERIY LINE BLOCK 8LLOT 25 OWNER G W W - m u REAfl� RESPONSIBLE FOR 2U• v SiDET 5� I INSTALLING AND TT _ 12' O gLOCKq LAIJDSWAIWAINING CAP114G AND 1O• N I c R GARAGE I o KI �. IRR XT SE ION IN THE DRIVEWAY FOR LOT $ O SIDE � f S S+ Q m Y ,4 22 BLOCK 6 TO 1 yy i BE LOCATED ON 1m Q w JP THE OPPOSITE + J� R SIDE OF THE L L —. SIDE L J SIDET �• O, r O 7 O Y SHMED COMMON 3p T 10• 7�, y I Z Z S ORIEL PRORERtt Ia T. SIDT 12' OI sIQuO I �2 Z'D E.SNAG S/T. r L s1pE� J Z 5 f v o I—" 12 SIOET 20— l:l 4 V g SIDE SU �y e "r- —SOFT — L——— smE—L — J E.HIGH POINT ST & DRI—FOR HOT 41 S W m Q,- I O _ '^ / TO BE LOCATEC W p 2 O 44 HE CWC57E SI E ¢12' ]D OF THE SHARED sIDEI PCRDPpF]COMMON URN HNE km .11 51DEE J 1' W W ¢ p44 OWNER E N G I H E E E 1 N G IS ESPDNSIBLE SIpET i O FOR I"I'TN NG LOT 4]IS A NDN-BUILDABLE WILDING I]RI'/EWAY FqN ANp MNNTNNING �XO� v rONT COMMON LOT WITH A ENVELOPE LOT 48 DLOCK 4 •^ LANIYSCAPING ICL r, 61ANNEI INGRESS/EGRESS TYPICAL. TO OE LOCATED AND IRRIGATION �} EMENT IN FAVOR OF LOTS OPPOSITE S1DE IN THESE MEAS E0.5 ON THE 43,4a ANO 4s.BLOCK 4 EX 3.D a� BLDCK6 n O OF THE SHAVED 12 I uEu LOTS 4146 BLOCK 4 COMMON DUN - , II PROPERTY LINE L — REM 1'=30'WHEN PRINTED AT 117X17' TF.oFf r'�A �'h ASSAY a* LOTS 22-27,BLOCK 6 ef1 6 s I'=3G'WHEN PRINTED AT 11";f1]' -9y h?1$CA�A "n4 Page 18 Page 59 Item#2. C. Landscape Plan&Fencing Plan(date: 8�o%021 3/15/2022)-REVISED OPENSPACE TREE CALCIJLATIONB{L SE) � n ��H �� -- ��-,� ®� + � --- -- -- �• � •� nor. �� Tw o a�aQ9 m, �~ "'� " TOTAL OPEx SPACE TREES SNtEET TREE CALCLlAT1ON5{1TAEE/3 JF I �vb --� -� - --- -- -- _ APEX WEST SUBDIVISION TOTALSIPEFTTREES MERIpAN,IDAFIO 6 MICRO PATHWAY CA"LATIOxS[I TREE11M UFj�• ...a,..nw # woia z wsr■Y.■ PRELIMINARYPLAT LANDSCAPE COVER a� TOTAL PATHWAY TREES MMGATIGN REQUIREMENTS LOIlTACTINPoRMATIpI TNTRL TIIEES RFAUIREO�PROVDFD '+ry.w �F®� Page 19 Page 60 Item#2. g y © a a — j jjj I --------------- PRELIMINARY PLAT LANDSCAPE PLAN �u.W� -. APIX WEST SubgVlSlon ,,� MERIgPN,IPPHO Y WbRGI nvuau -wn.c G,yp�w 1km mPM 0 7, N 0 MEW lA o n ® R Q Ili @ Q @ - 1 _ g .,,ti i "kl 1� APIX WEST SIIngVISI MI ON PRELINARY PLAT LANDSCAPE PLAN MERIMAN,I MUST ra� �bwn km PPL3 D,m Page 20 Page 61 Item#2. Yi h ____ - - _-- T APB WEST SOBgVI510N PRELIMINARY PLAT LANDICAPE PLAN MERIgAN,IgV10 •�u W mPPL4.0 n ® N � m 0 _ o a © o - ___ _ o n•��ee�.�¢�4J_C�CI•� �_��®G)�O O• @0I9i6}9H9Effi19Ei@0I9i ---__ _- I n.�a�,sa M.c� I,I:��L•;a®©o � � xxasm ��m.�— ,. sxnaalle - --- _ Y g .ramu dw, tL-' was"' lYasae e c,Pa xa APBMn SOBpYI510N MERIgPN,IgN1O ^d �1PRELI MINA-PLAT FENCE EXHiBiT i e�Wit« MMM— �PPL5.0 Page 21 Page 62 Item#2. m x 381' W WIDTH VARIES THROUGHOUT SEE LANDSCAPE PLAN o a 38' 25' WATKINS DRAIN CITYSEWER Es o S EASEMENT EASEMENT �— z a D a W a rc oZ aZ I I 14' o a z I I g+ a SHAPER VIEW DUAL I PURPOSE APEX WEST z ESTATES i "° i PATHWAY a' SUBDIVISION I I ti PEDESTRIAN AND F LL 3�'_^ I t SEWER nLL I p¢5xUQ5; > ACCESS � u wzN a:i 05: 2730 =2730 lam 2728— _ —_ —_ —_ —_ —_ —_ _— _ —_ _ —_ —_ _ _— —_ — _ —2728 ENGINEER I N G 2726— — — — — — — — — — — — — — — — — — — — — — — — — — —2726 NATIVE MANICURED i:oers�s.cils c LANDSCAPE I LANDSCAPE I RnuRR WATKINS DRAIN SECTION NTS 1 OF 1 •`gEaFlD� vssnve o•. Page 22 Page 63 Item#2. D. Open Space Exhibit(dated: $ 1 3/15/22) -REVISED R-2C MMO MT ARM R4[ MMON LOTARM C O LID P ®®B®®9®®®®® U0 GG�G.0 611 TM� R-LscOMMON LOT NiEAS I — wo�a,.K..esyrm a.�,o..,a,. ,-Mi i� Co .�._.. ..� ...w. „e„� APEX WEST SUBUMSIDN. MERIDIAN,IUAHD AP-I%ESTSUBDRISION OPEN SPACE EXHIBIT �� ,«� oafs wxE uw�arr SEX 1.0 Page 23 Page 64 E. Conceptual Building Elevations - i i `I � Y��AIM �• ss�_ ' - ApexNW ReudendalAlky _ Y I 1LI�7f! Apex SE Ae�lden[ial-[anvenrbnol 741.1 Apes Sf Fesb'entbl-[pnveaRnnel - F - AFea'SE ResdendW-Com:entiarwl __ �_ �I y Apes sr rsesiaennor [onve no r Apa=Sf ResidertrMl-[anuenrbnal Page 24 Item#2. VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to City Couneil et#er-ine its Findings ef Faet, Genelt*siefis of Law,Final Peeision, and Or-der-, approval of the subject preliminary plat applieation, a propefty boundary adjustment shall be ereates a separate develepable par-eel for-that area-. A. PLANNING DIVISION 1. Future development shall comply with the provisions of the existing Development Agreements(i.e. Shafer View Estates—Inst. #2021-102396 and Apex—Inst. #2020-178120), and the preliminary plat,phasing plan, common driveway exhibits, landscape plan and conceptual elevations in Section VII and the conditions of approval listed below. 2. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access to the collector and arterial streets, except for Lots 4-11,Block 10. b. Depict an easement for the 20-foot wide street buffer on the west side of S. Apex Ave. south of E. Crescendo St.; for the 25-foot wide street buffers on the west side of S.Locust Grove Rd. on Lot 2,Block 5 and on the north side of E. Lake Hazel Rd. on Lot 1,Block 1. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict additional landscaping within street buffers as set forth in UDC 11-3B-7C.Note: These standards were recently revised. b. Depict a 20-foot wide street buffer on the west side of S. Apex Ave. south of E. Crescendo St. with landscaping in accord with the standards listed in UDC 11-3B-7C. Note: These standards were recently revised. c. All pathways shall be improved per the standards listed in UDC 11-3B-12C.3 and have landscape strips along each side of the pathways and be landscaped per the standards listed in UDC 11-3B-12C,which requires a mix of trees, shrubs,lawn, and/or other vegetative ground cover. Pathways are not allowed to have a gravel surface. Landscape strips are required along all pathways, including those in Blocks 6, 7, 9 and 10—if within an easement that prohibits trees, additional area shall be provided outside of the easement to accommodate the required landscaping. d. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(11-3B-12C)landscaping; include required vs.provided number of trees. Landscaping is required along all pathways. e. A minimum 5-foot wide pathway shall be included in Lot 36, Block 6. f. Depict a 10-foot wide detached multi-use pathway along the west side of S. Sublimity Ave. as required by the Park's Dept. in accord with the Pathways Master Plan. g. The fencing on the northeast side of Lot 34,Block 6 shall be revised to comply with the standards listed in UDC 11-3A-7A.7b. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathways within the site that are not within the public right-of-way prior to submittal of the final plat for City Engineer signature in the phase in which they are located. Page 25 Page 66 Item#2. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district, 11-2A-6 for the R-8 zoning district and 11- 2A-7 for the R-15 zoning district. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests approval of a waiver from City Council to leave the Watkins drain open—Council approved this request. 8. Homes on Lots 4-11,Block 10 shall have side entry garages with a turnaround area so that vehicles aren't backing out onto the collector street in an effort to preserve public safety. 9. If a multi-family development is proposed on Lot 1,Block 1, a conditional use permit application shall be submitted and approved prior to submittal of any building permit applications for that lot. Qualified open space and site amenities shall be provided in accord with UDC standards for such. 10. If single-family homes or townhomes are developed on Lot 2,Block 5; Lots 32 and 43,Block 6 and/or on Lot 1,Block 1,these lots shall be re-subdivided prior to issuance of any building permits. Qualified open space and site amenities shall be provided in accord with UDC standards for such. 11. Homes on lots that abut collector streets(i.e. E. Quartz Creek St. and S. Sublimity Ave. and S.Apex Way south of E. Crescendo St.)and arterial streets [i.e. S. Locust Grove Rd. and E. Lake Hazel Rd. (if applicable)] will be highly visible,the rear and/or side of structures on these lots should incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 12. Submit a detail of the proposed playground equipment with the final plat application. 13. All development within the Williams pipeline easement shall comply with the Williams Pipeline Developers Handbook. 14. Street setbacks for residential units abutting collector streets shall be as approved with ZOA- 2021-0003. 15. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development(i.e. changing rooms associated with the swimming pool) and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. 16. Staff s failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 All sewer manholes must have a 14-foot-wide access road per the City Design Standards. 1.2 Ensure no sewer services cross infiltration trenches. Page 26 Page 67 Item#2. 1.3 No permanent structures may be within City utility easements including but not limited to trees,bushes,buildings, carports,trash enclosures, fences, infiltration trenches, light poles, etc. 1.4 Do not run sewer main in common driveways, services should be run within the common driveway. 1.5 Sewer main should be run from the northern portion of the site down South Sublimity Way from the existing sewer main. Main should be kept within the Right of Way whenever possible. 1.6 12-inch water main will need to be constructed at the Northwest corner to make the second connection at East Quartz Creek Street. 1.7 There is a piece of water main missing at the corner of East Prickle Drive and East Pinpoint Way,this must be included to complete the water loop. 1.8 The water main in East Prime Drive needs to be upsized to 12-inch from South Subilimity Way to East Prickle Drive. 1.9 The water main in East Prickle Drive needs to be upsized to 12-inch from East Prime Drive to East Heyday Drive. 1.10 The water stub in East Heyday Drive to the property line needs to be upsized to 12-inch 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of Page 27 Page 68 Item#2. assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1- foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the Page 28 Page 69 Item#2. facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=243074&dbid=0&repo=MeridianC hty Phasing Map: https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=243072&dbid=0&repo=MeridianC Lty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=244321&dbid=0&repo=MeridianC hty E. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=2 4 8 41 6&db id=0&rep o=Meridia n C ity F. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridianci ty.org/WebLink/Doc View.aspx?id=2 4 8 65 8&db id=0&rep o=Meridia n C ity Page 29 Page 70 Item#2. G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=242586&dbid=0&repo=MeridianC i &cr=1 https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=250827&dbid=0&repo=MeridianC hty H. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=243205&dbid=0&repo=MeridianC hty I. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=243211&dbid=0&repo=MeridianC hty J. PARK'S DEPARTMENT hgps://weblink.meridianciU.org/WebLink/DocView.aspx?id=251528&dbid=0&repo=MeridianC iv IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is generally consistent with the adopted Comprehensive Plan in regard to land use, density and collector street layout. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) Page 30 Page 71 Item#2. 5. The development will not be detrimental to the public health, safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 31 Page 72 Item#2. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING March 8,2022 DATE: TO: Mayor&City Council r. FROM: Sonya Allen,Associate Planner 208-884-5533I SUBJECT: H-2021-0087 Apex West—PP(aka Pinnacle) LOCATION: North side of E. Lake Hazel Rd., approximately 1/4 mile west of S.Locust PROJECT Grove Rd.,in the south 1/2 of Section 31, T.3N.,R.IE. I. PROJECT DESCRIPTION Preliminary plat consisting of 208 building lots(207 single-family residential lots and 1 lot for future development of townhomes or multi-family apartments) and 34 common lots on 96.08 acres in the R- 2,R-8 and R-15 zoning districts for Apex West Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 96.08 acres Existing/Proposed Zoning R-2,R-8 and R-15 Future Land Use Designation Low Density Residential(LDR),Medium Density Residential(MDR)and Medium High Density Residential (MHDR) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)detached dwellings Lots(#and type;bldg./common) 208 building lots/34 common lots Phasing Plan(#of phases) 4 phases Number of Residential Units(type 207(SFR detached dwellings) of units) Density(gross&net) ' 3.17 units/acre(gross); 5.29 units/acre(net)—overall(not including future units in R-8 and R-15 zoned lots) Open Space(acres,total 16.17 acres(or 16.61%)common open space [%]/buffer/qualified) Amenities Swimming pool,two(2)segments of the City's multi-use pathway system,and an additional 5%open space above the minimum required. Physical Features(waterways, The McBirney Lateral and another un-named waterway hazards,flood plain,hillside) cross this site. Page 1 Page 73 Item#2. Description Details Page Neighborhood meeting date;#of 10/19/21 attendees: History(previous approvals) H-2020-0066;Development Agreement Inst.#2020- 178120(Apex);H-2020-0117;Development Agreement Inst.#2021-102396(Shafer View Terrace) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes is Requires ACHD No Commission Action es/no Access Two(2)accesses are proposed via E.Lake Hazel Rd.,an arterial (Arterial/Collectors/State street; and one(1)access is proposed via E.Quartz Creek St.,a Hwy/Local)(Existing and collector street. Proposed) Traffic Level of Service Roadway FrorHage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Lake Hazel Road 1,321-feet Principal Arterial 351 Better than"E" Locust Grove Road 1,350-feet Minor Arterial 181 Better than"E" 'Acceptable level of service for a two-lane principal arterial is'E"(690 VPH). 'Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). Stub E. Quartz Creek St.is proposed to be extended through this site; Street/Interconnectivity/Cros stub streets are proposed to be extended from Apex Northwest#1 s Access and#2;stub streets are proposed to adjacent properties. Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Lake Hazel Road to Improvements Amity Road between 2036 and 2040 • Lake Hazel Road is listed in the CIP to be widened to 3-lanes from Linder Road to Meridian Road between 2036 and 2040. • Lake Hazel Read is listed in the CIP to be widened to 5-lanes from Meridian Road to Locust Grove Road between 2036 and 2040 - • Lake Hazel Road is listed in the CIP to be widened to 5-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. Apex Subdivision entered into a Cooperative Development Agreement with ACHD in May 2021 to widen the segment of Lake Hazel Road to_Al to the east of this site.These construction plans are currently under review. • The intersection of Lake Hazel Road and Locust Grove Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 2-11 on the north leg,2-lanes on the south, 4-lanes east,and 4-lanes on the west leg between 2036 and 2040.Apex Subdivision entered into a Cooperative Development Agreement with ACHD in May 2021 to fully improve this intersection consistent with the 2020 CIP.Construction plans are currently under review with ACHD. • The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south leg,3-lanes on the west leg and 4- lanes on the east leg and signalized in 2023. • The intersection of Lake Hazel Road and Meridian Road is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes east,and 7-lanes on the west leg and signalized between 2036 and 2040. • The intersection of Amity Road and Locust Grove Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south,4-lanes east, and 4-lanes on the west leg between 2031 and 2035. Fire Service is Distance to Fire Station 3.6 miles • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#6—cannot meet response time goals. When Fire Page 2 Page 74 Item#2. Description Details P Station#7 is constructed in late summer of 2023, it will be within the S:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. ALL residences having two frontages(the street&an alleyway behind it)shall have address numbers on the front of the building and on the back side facing the alley. • Special/resource needs Project will require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service No comments received • Distance from police station • Police Response Time Approved ME Pro ected West Ada School District Approved lots per units per Students from • Distance(elem,ms,hs) Enrollment Ca aci attendance area attendance area Approved 0ev. • Capacity Of Schools Mary McPherson Elementary 449 675 2677 26 591 Victory Middle School 984 1000 3738 502 501 • #of Students Enrolled Mountain View High School 2368 2175 2701 0 432 School of Choice Options Christine Donnell School-Arts 489 50n N/A N/A Spalding Elementary-STEM 656 750 NIA N/A • #of Students Predicted from this development 132 school aged children predicted from this development by WASD(154 for future townhomes) School Im act Table Wastewater • Impacts/concerns • Flow is committed • All sewer manholes must have a 14-foot-wide access road per the City Design Standards. • Ensure no sewer services cross infiltration trenches • No permanent structures may be within City utility easements including but not limited to trees,bushes,buildings,carports,trash enclosures, fences,infiltration trenches,light poles,etc. • Do not run sewer main in common driveways,services should be run within the common driveway. • Sewer main should be run from the northern portion of the site down South Sublimity Way from the existing sewer main.Main should be kept within the Right of Way whenever possible. Water • Distance to Water Directly adjacent Services • Pressure Zone 5 • Estimated Project Water See application ERU's • Water Quality None Page 3 Page 75 Item#2. • Project Consistent with Yes Water Master Plan • Impacts/Concerns • 12 inch water main will need to be constructed at the Northwest corner to make the second connection at East Quartz Creek Street. • There is a piece of water main missing at the corner of East Prickle Drive and East Pinpoint Way,this must be included to complete the water loop. • The water main in East Prime Drive needs to be upsized to 12 inch from South Sublimity Way to East Prickle Drive. • The water main in East Prickle Drive needs to be upsized to 12 inch from East Prime Drive to East Heyday Drive. • The water stub in East Heyday Drive to the property line needs to be upsized to 12 inch. C. Project Area Maps Future Land Use Map Aerial Map Legend W a ffeegend � t L aTK:m w i nsih ide tia f" dium Den LU ni LAKE �u1ed-High ens �side�ntial .R Page 4 Page 76 Item#2. Zoning Map Planned Development Map (f Rl Rl Rl Legend W E 0 Legend 0 W 9 Prajeci Lccafkm RUT let Project Lcca�n R-o— — R1 +_i City Lim& R-4 R-8 R.g R-4 R — Planned Parcels i R- —R- ----, - C- R' 1 R- F R-4 RUT p ' RUT R-4 a I i 5 R� R-4 R-4 R' ' G- —A RUT - -- --- f --- R-4 I RUT - A. Applicant: Josh Beach,Brighton Development, Inc. —2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Same as Applicant III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 12/21/2021 2/20/2022 newspaper Notification mailed to property owners within 300 feet 12/15/2021 2/17/2022 Applicant posted public hearing 12/22/2021 2/24/2022 notice on site Nextdoor posting 12/16/2021 2/18/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates approximately 11 acres of the site as Low Density Residential(LDR), 65 acres as Medium Density Residential (MDR) and 20 acres as Medium High-Density Residential(MHDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. Page 5 Page 77 Item#2. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The MHDR designation allows for a mix of dwelling types including townhouses,condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The proposed development consists of a total of 207 single-family detached dwellings. The plat includes two(2)R-8 zoned lots in the MDR designated area for future residential development; and one(1)R-15 zoned lot in the MHDR designated area for future development of townhomes or multi- family apartments. The proposed development in the MDR designated area has an overall gross density of 3.17 units/acre with a net density of 5.29 units per acre, excluding the future development areas. The R-2 portion has a gross density of 0.70 units/acre with a net density of 1.18 units/acre and the R-8 portion has a gross density of 3.70 units/acre with a net density of 6.16 units/acre, consistent with the densities desired in the associated LDR and MDR designations. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type, single-family detached, is proposed in this development at this time; some units will be accessed via internal local and collector streets with front/side entry garages while others will have rear access via alleys.Another housing type, either townhomes or multi- family apartments, is planned to develop on the R-IS zoned future development area (i.e. Lot 1, Block 1). If townhomes are proposed, the lot will need to be re-subdivided to accommodate the townhome units; if apartments are proposed, a conditional use permit will be needed for approval of a multi family development. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to service this development in accord with UDC 11-3A-21. The emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 7 is constructed in the late summer of 2023, it will meet the response time goal. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed use and site design are compatible with existing and future uses, which should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are Page 6 Page 78 Item#2. required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Two (2)segments of the City's multi-use pathway system is proposed within this site consistent with the Pathways Master Plan, which will provide safe pedestrian and bicycle access to the internal common area with a swimming pool and school site to the southeast in Apex Southeast. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS) was required by ACHD for this development and was taken into consideration in ACHD's report. See comments from WASD and Community Development in Section VIII for school enrollment calculations in regard to the number of school-aged children estimated to be generated from this development and associated school capacity. The closest City Park to this site is Discovery Park, a regional park consisting of 77-acres of land, to the southeast of the S. Locust Grove Rd. and E. Lake Hazel Rd. intersection bordering Apex Southeast. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design should be compatible with existing and future surrounding uses. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Preliminary Plat: The proposed preliminary plat consists of 208 building lots (207 single-family lots and 1 lot for future development of townhomes or multi-family apartments)and 34 common lots on 96.08 acres in the R-2,R-8 and R-15 zoning districts for Apex West Subdivision. The subdivision is proposed to develop in four(4)phases as shown on the phasing plan in Section VII.A. The proposed plat includes a portion of Parcel#51131417220 depicted on the plat as Lot 1, Block 5 and the surrounding area outside of Parcel#51131417210.As discussed at the pre- application meeting,the entire parcel must be included in the proposed plat or a property boundary adjustment application must be approved to create a separate developable parcel for that area—a portion of the lot cannot be included as it would create an illegal split.Until this concern is resolved,the City Council has inadequate information to make a final decision concerning this application. Therefore, Staff recommends that prior to City Council entering its Findings of Fact,Conclusions of Law,Final Decision and Order, a Page 7 Page 79 Item#2. property boundary adjustment shall be approved,which incorporates Lot 1,Block 5 and the surrounding area into Parcel#51131417210 or creates a separate developable parcel for that area. Three future development areas are depicted on the plat, Lots 32 and 43, Block 6; and Lot 1, Block 1. The R-8 zoned lots (i.e. Lots 32 and 43,Block 6) are planned to be re-subdivided in the future through new preliminary plat applications. The R-15 zoned lot(i.e. Lot 1,Block 1)may be re-subdivided in the future through a new preliminary plat application for the development of 240 townhomes; or, a multi-family development may develop on the site,which will require approval of a conditional use permit. If single-family homes or townhomes are developed on these lots, they shall be re-subdivided prior to issuance of any building permits. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed at the northwest corner of the development from E. Quartz Creek St., a collector street, from S. Meridian Rd. and from S. Sublimity Ave. and S. Apex Ave.,both collector streets,via E. Lake Hazel Rd. Stub streets are proposed to adjacent properties for future extension and interconnectivity. A note should be included on the final plat prohibiting direct lot access to the collector and arterial streets,except for Lots 4-11,Block 10 which are allowed direct access via S. Sublimity Way—homes on these lots should have side entry garages with a turnaround area so that vehicles aren't backing out onto the collector street in an effort to preserve public safety. Street setbacks for residential units abutting collector streets shall be as approved with ZOA-2021-0003. Public alleys are proposed for internal access to some of the lots in Phase 1; alleys are required to comply with the standards listed in UDC 11-6C-3B.5. Three(3)common driveway lots are also proposed and are required to comply with the standards listed in UDC 11-6C-3D; an exhibit for such is included in Section VII.B. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed local street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed for-guests i the residential area along with another-28 spaees as depieted on the par-king plan in Seetion VII.E. Staff is of the opinion suffieien4 par-king ean be provided for-this d&velepfflelftc Off-street parking is also required for the building/changing rooms at the community swimming pool. A minimum of(1) space is required per every 500 square feet of gross floor area; 12 spaces are proposed which exceeds the minimum standards.A minimum of one(1)bicycle parking space is also required to be provided per UDC 11-3C-6G and should be designed in accord with the standards listed in UDC 11-3C-5C. Page 8 Page 80 Item#2. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west and northeast boundaries of the site. Pathways are proposed as shown on the landscape plan. The Park's Dept. is requiring a 10-foot wide detached pathway along the west side of S. Sublimity Ave. which will connect to the pathway proposed in the common area along the back side of lots in Block 10. The gravel pathway proposed through Blocks 5,6,7,9 and 10 is required to be improved per the standards listed in UDC 11-3B-12C.3.Landscape strips are required along both sides of all pathways,landscaped per the standards listed in UDC 11- 3B-12C,which include a mix of trees, shrubs,lawn, and/or other vegetative ground cover, including those in Blocks 6, 7, 9 and 10—if within an easement, additional area shall be provided outside of the easement to accommodate landscaping. See comments from Park's Dept. in Section VIII.J. A minimum 5-foot wide pathway should be included in Lot 36,Block 6. All multi-use pathways not located within the right-of-way are required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s) for the phase in which they are located. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-1 : Eight-foot wide parkways are proposed along all streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along E. Lake Hazel Rd., an arterial street; and 20-foot wide street buffers are required along E. Quartz Creek St./S. Sublimity Ave., S. Apex Way and E. Crescendo St., collector streets. Landscaping is required to be installed within the buffers per the standards listed in UDC 11-3B-7C,which require a variety of trees and shrubs,lawn,or other vegetative groundcover—shrubs are required to be included in the buffer in accord with this standard; lawn shall comprise no more than 65% of the vegetated coverage of a landscape buffer(see UDC 11-3B-7C.3 for more information). Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C as noted above under Pathways. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-7C as proposed. Qualified Open Space(UDC 11-3 Based on the standards listed in UDC 11-3G-3,the R-2 zoned area requires a minimum of 8%(or 0.80-acre) open space based on 9.94 acres of land; and the R-8 zoned area requires a minimum of 15%(or 6.01-acres)open space based on 40.09 acres of land for a total of 6.81 acres of common open space.Although the future residential R-8 and R-1 S zoned areas (i.e.Lots 32 and 43, Block 6 and Lot 1, Block 1)are included in the boundary of the proposed plat, Staff did not include these areas in the required open space calculations as they are proposed to be re-subdivided and/or included in a conditional use permit in the future prior to development.At such time they will be required to comply with the open space standards on a stand-alone basis. The proposed open space consists of linear open space, open grassy areas of at least 5,000 square feet in area, 8-foot parkways and street buffers along collector and arterial streets as shown on the Page 9 Page 81 Item#2. open space exhibit in Section VII.D. A total of 16.17 acres of qualified open space is proposed, which exceeds UDC standards. The proposed open space areas have direct pedestrian access,high visibility, comply with the CPTED standards and support a range of leisure and play activities and uses,while promoting the health and well-being of its residents as required in UDC 11-3G-3A.2. Qualified Site Amenities(UDC 11-3G1, Based on the standards listed in UDC 11-3G-4,the 50.03-acre development area requires multiple amenities to be provided totaling a minimum of 10 points from the separate categories listed in UDC Table 11-3G-4.Note:As noted above under the Qualified Open Space analysis, Staff did not include the two (2)R-8 zoned lots (Lots 32 and 43,Block 6) and the R-15 zoned lot(Lot 1, Block 1) in the calculations. A swimming pool with changing facilities and restrooms (6 points);two(2)segments of multi- use pathways totaling approximately�/z mile(totaling 4 points); and a playground(3 points) are proposed totaling 13 points,which exceeds the minimum standards. A detail of the playground equipment should be submitted with the final plat application for the phase in which it is located. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineering Roort for the subdivision. Pressure Irrigation(UDC 11-3A-1 : Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC It It The McBirney Lateral crosses this site within a 41-foot wide easement; and the Watkins Drain runs along the west side of this site within a 38-foot wide easement, as depicted on the plat. These waterways are proposed to be piped in accord with UDC I I-3A-6B. The Applicant requests approval of a waiver to UDC I I-3A-6B to allow the Watkins drain to remain open as an amenity feature; a cross-section of the amenity corridor is included in Section VII.C. In order for Council to waive the requirement for covering the drain, it has to find that the public purpose requiring such will not be served&public safety can be preserved per UDC 11-3A- 6B.3a.No fencing is proposed to prevent access to the drain and the Applicant is not proposing to improve the drain per the water amenity standards in the UDC,which require construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho to be submitted to both the Director&the authorized representative of the water facili , for approval. If the waterway/drain is improved as part of the development as a water amenity,its banks in all places adjacent to and located on said development should be no steeper than one (1)foot vertical per every four(4) feet horizontally and have a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet)multiplied by the peak velocity(feet per second)does not exceed four(4). Page 10 Page 82 Item#2. Williams Pipeline: The Williams Pipeline runs across Lot 32, Block 6 within a 75-foot wide easement. All development within the pipeline easement should comply with the Williams Pipeline Developers Handbook. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. Five-foot tall open vision metal fencing is proposed adjacent to all internal common open space areas to distinguish common from private areas; and 6-foot tall solid wood fencing is proposed in other areas as depicted on the landscape plan in Section VII.0 in accord with UDC standards. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations in a variety of materials and colors were submitted for future single-family detached homes in this development as shown in Section VII.E.Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the changing rooms and swimming pool on Lot 1,Block 5 prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut collector streets(i.e.E. Quartz Creek St. and S. Sublimity Ave. and S.Apex Way south of E. Crescendo St.)will be highly visible,the rear and/or side of structures on these lots should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs),bays, banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on January 6 and February 3, 2022.At the public hearing on February 3',the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Mike Wardle and Jon Wardle,Brighton Corporation b. In opposition:None C. Commenting. None d. Written testimony: Julie Edwards; Josh Beach,Brighton Corp. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) public testimony a. Concern with the provision of(3)common driveways within the development& associated traffic congestion as discussed at the Commission hearingfor or Apex East; concern pertainingto parking in relation to the alley-accessed units&the adequacy of such for guests on the adjacent public streets, especially with the common driveways proposed and parking issues associated with those. Suggests some of the building lots be eliminated in favor of provision of a .guest parking lot in addition to the on-street parking&elimination of the common driveways in favor of larger lots in those areas. School capacity concerns from the proposed development and others in the area. Page 11 Page 83 Item#2. 3. Key issue(s)of discussion by Commission: a. Inquiry if S. Sublimity Ave. could be built with the first phase as a final build instead of a temporary fire access; b. Inquiry if Apex East and Apex West will be considered one development for common use of common areas and amenities; c. The provision of common driveways within the development and associated congestion —not in favor of common driveways although they're allowed by code; d. In favor of the Applicant's request to leave the Watkins Drain open and not pipe it. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests approval of a waiver to UDC 11-3A-6B which requires all waterways on the site to be piped in accord with UDC standards,to allow the Watkins drain to remain open as an amenity feature(condition#7 needs to be modified if Council approves the waiver). b. Prior to City Council approval of the subject preliminM plat application, a property boundary adjustment is required to be approved,which incorporates Lot 1,Block 5 and the surrounding area into Parcel#S 1131417210 or creates a separate developable parcel for that area. Council can act on this application but the Findings can't be approved until this has been done. C. Staff requests Council include a modification to condition#2b in Section VIII.A to also include Lots 4-11,Block 10 in the requirement for an easement for a 20' wide street buffer to be provided on the lots along E_Quartz Creek St./S. Sublimity Ave. Page 12 Page 84 Item#2. VII. EXHIBITS A. Preliminary Plat&Phasing Plan(date: 8/16/2021) APEX WEST SUBDIVISION PRELIMINARY PLAT wa"mFRr raooa A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST 114,THE NORTHEAST 1I4 OFTHE SOUTHWEST 1/4,AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31,TOWNSHIP 3 NORTH,RANGE 1 EAST, ROISE MERIDIAN,ADA COLINTY,IOAHO. 3 I PREDMINMY PLAT DATA -\ uu Iw R — Lwpo We �sr , L�VNGSP Ili e�ouln�eR�Y j 2, • I I� o �'� e0 ®i SDfNEY OONTRtt NOTES M wwx w, ��m` J-- _`��___—_ o� I ° .N°�°®m m o�aN� o • • • IsE E3�ti: I OF OPAWIH mn� a m I e .S �• . . ;ns �.,.nu, Li Jil FFFTIF9 RPE%ERIDIAN,1 OIYISON MERIDIAN,W W 0 F F9R�w LOVfP SHfEF 0E, of kiwl.lE Page 13 Page 85 Item#2. APEX WEST SUBDIVISION PRELIMINARY PLAT vEaxmxwE:� aar A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST 1/4,THE NORTHEAST 1/4 OFTHE SOUTHWEST _ 1/4,ANDTHE SOUTHEAST 114 OF THE NORTHWEST 114 OF SECTION 31,TOWNSHIP 3 NORTH,RANGE 1 EAST, BO1SE MERIDIAN,ADA COUNTY,IDAHO. WuMINAfiy PLAT DATA MIX WESlSNMYGW vn° 5--- ��`, vH6NA�eaI1Nm �xye• `� i tl o Ywe Si Phase 1 76 Count Phase 2 72 Count -„-„s �•tu I • ,• Phase 3 57 Count © I • • 9A Phase 4 1 Count �'ri,.,,.�6 � w I • • —' ' ._.�- �:,. w�c�xTRo.,oR�E�„o,,,n. m1°"-'`�"' • /■• • • • .••f••.:: -l-: o .—x OF OEAWINGS —�-- — 1----- . .:• .. . ........ �nM -- • I �, .o,.,.. P� k �I.v I Build temp fire access with phase 1 in this -- APEXWEST SUanIwslON P g°u MERIDIAN,IDAHO location and final build- MERIDIAN, ID with phase 4 � � Page 14 Page 86 Item#2. B. Common Driveway Exhibits a,N i - _REAR Io I BLOp 4 ICE D O 12'LEBOW SIDE LOT 24 IS A NON-BIIILVABLE W Q COMMON LOT WITH A BLANKET S O n uull4 pm 0 INGRESS/EGRESS EASEMENT IN I;r 3 O ¢ N Z m FAVOR OF LOTS 13.14.15 E. m 10• - 12' AND M.BLOCK 4 <3• h¢ 0 y _ SIDE yy Z DRIVEWAY FOR LOT 25 rn 3 BLOCK 4 TO BE LOCATED ON ? d of THE OPPOSITE SIDE OF THE SHARED ON DRIVE PROPERTY LINE N 20' — SIDE —ET E.HIGH POINT ST.� \V • •��\ 1y� r O 1� - LOT,4 OWNER 15 RESPON5IBLE SIDE J FOR SCA K A AND MAINTAIRRIGATION IN TMG �-IES�ARI�ANO IRRIGATION IN \ ± s1pET 1P Q 11p _ 51OE� J EX Z.0 BE LOCATED FOR LOT 17 BLOCK 4 ID B ELOPE. BE LOCATED ON THE OPPGSRIV SIDE ENVELOPE OF-THE SHARED COMMON DRIVE TYPICAL, PROPERTY LINE 0P.�gOFID9y 0 ®1'-30 WHEN AND 24-25,BLOCK 4 1'=30'WHEN PRINTED AT 11'%17" S = 16 ] a ef261a ev� MEM DRIVEWAY FOR LOT 27 LOT 23 IS A NON-BUILDABLE SLIMING - BLOCK S TO BE LOCATED COMMON LOT WITH A BWIKET ENVELOPE. N—vI ON THE OPPOSITE SIDE INGRESS/EGRESS EASEMENT IN TYPItP1. OF THE SHARED COMMON FAvOB OE LOT$2q.25 Anp 28, Slp� DRIVE PROPERTY LINE BLOCK 8 0 W W m LOT 25 OWNER IS `a I T ESPONSIBLE T 5 INSTALLING AND _ 12'4AIW O gLOCKq LANDSAINING CAPII4G AND ,O' N I c R GARAGE I o KI �. IRRTION IN SE THE ` DRIVEWAY FOR LOT $ O L SIDE � f 5 S+ Q m Y ,4 22 BLOCK 6 TO 1 �pT i BE LOCATED CH 1m - 12• THE OPPOSITE R SIDE OF THE L SIDE J SIDET ZO• - pm O SO 5HME6 COMMON TT -- - - ..�0 Q I N 70 DR1TN EL PROPERTY __ _ Q ,D• y a o a SIDE 12' ; s m O O Z b II ZSt I ' E.SNAG SF. ' 12' BIDET —1 7 V g .._.. W 2G• zp• rani x SIDE _ 2 �I aSO E y a t SIp� — L——— EmE� — J '} E.HIGH pg pp POINT ST Y c,C �y•,O O. n SIOET & LOT 4AB MR ,m�II •:a3" I T 5-�-1 ` !m C I 1� r• TO eE WGATm W =- T•]• 12 ¢ O jp CP NON SIDE 12' ]O OF THE SHARED .y 10' L sIDE� PPADPORTV LINE km 1�S• O L I SIDE J � W W�N s ae5P E OWNER L E N G I N E E k 1"G ' i O FOR INS—UNG fON�"ci�c•t. 51pET LOT 42 IS A NON-BUILDABLE BUILDING pRIVEwAY FOR AND MNNTANING �PXOMEm'm zes v rONT III COMMON LOT WITH A ENVELOPE. LOT 48 BLOCK 4 •^ LANDSCAPING ICL r, 61ANNET INGRESS/EGRESS 1YPICAL. TO BE LOCATED ANO IRRIGATION ON THE E a c} EASEMENT IN FAVOR OF LOTS OPPOSITE S1DE IN 1HESE AREAS 43,4q Ann 45.BLOCK 4 OF THE S EX 3.0 u� BLDCK6 n O 12 HARED I ®LOTS 4146 BLOCK 4 COMMON ORN - , II PROPERTY LINE L — REAR 1'=30'WHEN PRINTED AT 11-X17' vOF a$SAY II E I} r�A O9x * LOTS 22-27,BLOCK 6PRINTEDefSEP, I'=30'WHEN PRINT AT 11";f1]' -9y Ml$CA�'A "nV Page 15 Page 87 Item#2. C. Landscape Plan&Fencing Plan(date: 8/16/2021) I � °19Cm.r__°�r�'°`o•oi0:ms"wams'�cm'm Mz�o:w".� }— OPEN SPACE TREEGILQIIATIONS(1 THEEjS %I _ c �: wau.mc°.e nns I P— SEEPPL3 ��•m°i�°Cniw•w wcn.ar cwx w e. w W x r•,J•n re.'7 2i @t;;.]by i=:'0 i C•7"s•i C•,' :7 II' � tS Ca T��BEE� G e?24.. .•a I - N' __ i �wr` TOTAL DPEN SPACE7REE5�•°•u •`'�EJ' iJ C':, •'7r;R, " SEREETTREE�l11ATIONS j1iREEJ35 LF} ° Nw Y�°m mm o+�o• � � °r vfs m { --------- APEX WESTSUBDIVISIDN ° ' � MICRO PATHWAY CAL[UTATIONS[LiREE/1uR lFl MERMAN,IDAHO PRE IIMINARY'PIATLWNSCAP YER PRELIMINARY PLATLANOSCAPE COVER f6i 9] TOTAL PATHWAY TREF5 a �. MITIGATION RUQUIRSWNIS COHTALT INEORMATON TOTAL TAEF5 REQJIREDJPRO4IDED Tg nlE�.e Page 16 Page 88 Item#2. p` o ® ® ® ale e a a a . c e ® ® ® ® a a a e ccccca -? c, o oo on wQ, i PRELIMINARY PLAT LANDSCAPE PLAN R a-� APUWMSUBDIWSION ...o MERIDIAN,IOAHO �.wwa- agar 1 -PPU 0._ o"'n ® c I a ® 2 a G, i p�[� 4 ac ----------------- I r� yu, ' AM WEST SIIBMUSION PRELIMINARY PEAT IAN�SCAPE PLAN MERIMM.1O pPPl3A'- Page 17 Page 89 Item#2. O ® GJ 0 f O O mOGJ R� c� o �a o P sea 0ee®®® G�t]cgp 000O�(9 ® ne®eoeale II ps 41 ti� 9 o it a e, aka .,... �"' ariz wEsrsueavlslon MERI rtDIAN,IDA41D wyb PRELIMINARY PLAT IINCH EXHIBIT Q N r-w% aRFa D m_ x f81' w WIDTH VARIES THROUGHOUT SEE LANDSCAPE PLAN zo 0 38, 25' '^� z c WATKINS DRAIN CITY SEW ER mQ H EASEMENT EASEMENT N z Z z z � a O Z O a O X Z a� �m 14. w� a SHAFERVEW DUAL PURPOSE APEX WEST z ESTATESI j PATHWAY 3 SUBDIVISION a PEDESTRIAN 3 `^,o—� o AND SEWER ACCESS ini Zp z o��LL _ _ _ I I I 1 2730 —_2730 2728_--_ _____ _ _ _ _ —2728 ENGINFE0.ING 2726--- -_ — _---- _-- -- - - - - — _ 2726 NATIVE MANICURED11ioe o LANDSCAPE LANDSCAPE WATKINS DRAIN SECTION NTS 7�p"'.28 ,O'•�A'OSCA4EP••��,, Page 18 Page 90 Item#2. D. Open Space Exhibit(dated: 8/16/21) i I PREIIMNARV PUT DATA Rd COMMON LOT AREAS T ® A COMMON LOT AREAS O ME © m� I O- z. i 1 R-1$COMMON LOT AW-45 ry r -- �nkKaMw wrtMq�lr I I APEX WEST SUBDIVISION MERIDIAN.IDAHO OPEX SPRCE E'[HI9R f�APEX WEST SUBDIVISION OPEN SPACE EXHIBIT •ie°'"�� [ONTAR INFORMATION R'o.RNFA G Ws iirz r Page 19 Page 91 Item#2. E. Conceptual Building Elevations lu�. der — �et��--!•� �r Page 20 Page 92 Item#2. VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to City Council entering its Findings of Fact,Conclusions of Law,Final Decision, and Order, , a property boundary adjustment shall be approved,which incorporates Lot 1,Block 5 and the surrounding area into Parcel #S1131417210 or creates a separate developable parcel for that area. A. PLANNING DIVISION 1. Future development shall comply with the provisions of the existing Development Agreements(i.e. Shafer View Estates—Inst. #2021-102396 and Apex—Inst. #2020-178120), and the preliminary plat,phasing plan, common driveway exhibits, landscape plan and conceptual elevations in Section VII and the conditions of approval listed below. 2. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access to the collector and arterial streets, except for Lots 4-11,Block 10. b. Depict an easement for the 20-foot wide street buffer on the west side of S. Apex Ave. south of E. Crescendo St. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict additional landscaping within street buffers as set forth in UDC 11-3B-7C.Note: These standards were recently revised. b. Depict a 20-foot wide street buffer on the west side of S. Apex Ave. south of E. Crescendo St. with landscaping in accord with the standards listed in UDC 11-3B-7C. Note: These standards were recently revised. c. All pathways shall be improved per the standards listed in UDC 11-3B-12C.3 and have landscape strips along each side of the pathways and be landscaped per the standards listed in UDC 11-3B-12C,which requires a mix of trees, shrubs, lawn, and/or other vegetative ground cover. Pathways are not allowed to have a gravel surface. Landscape strips are required along all pathways, including those in Blocks 6, 7, 9 and 10—if within an easement that prohibits trees, additional area shall be provided outside of the easement to accommodate the required landscaping. d. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(11-3B-12C)landscaping; include required vs.provided number of trees. Landscaping is required along all pathways. e. A minimum 5-foot wide pathway shall be included in Lot 36,Block 6. f. Depict a 10-foot wide detached multi-use pathway along the west side of S. Sublimity Ave. as required by the Park's Dept. in accord with the Pathways Master Plan. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathways within the site that are not within the public right-of-way prior to submittal of the final plat for City Engineer signature in the phase in which they are located. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district, 11-2A-6 for the R-8 zoning district and H- 2A-7 for the R-15 zoning district. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. Page 21 Page 93 Item#2. 7. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests approval of a waiver from City Council to leave the Watkins drain open. 8. Homes on Lots 4-11,Block 10 shall have side entry garages with a turnaround area so that vehicles aren't backing out onto the collector street in an effort to preserve public safety. 9. If a multi-family development is proposed on Lot 1,Block 1, a conditional use permit application shall be submitted and approved prior to submittal of any building permit applications for that lot. Qualified open space and site amenities shall be provided in accord with UDC standards for such. 10. If single-family homes or townhomes are developed on Lots 32 and 43,Block 6 and/or on Lot 1,Block 1,these lots shall be re-subdivided prior to issuance of any building permits. Qualified open space and site amenities shall be provided in accord with UDC standards for such. 11. Homes on lots that abut collector streets(i.e. E. Quartz Creek St. and S. Sublimity Ave. and S. Apex Way south of of E. Crescendo St.)will be highly visible,the rear and/or side of structures on these lots should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. 12. Submit a detail of the proposed playground equipment with the final plat application. 13. All development within the Williams pipeline easement shall comply with the Williams Pipeline Developers Handbook. 14. Street setbacks for residential units abutting collector streets shall be as approved with ZOA- 2021-0003. 15. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development(i.e. changing rooms associated with the swimming pool) and approved prior to submittal of applications for building permits.All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. 16. Staff s failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 All sewer manholes must have a 14-foot-wide access road per the City Design Standards. 1.2 Ensure no sewer services cross infiltration trenches. 1.3 No permanent structures may be within City utility easements including but not limited to trees,bushes,buildings, carports,trash enclosures, fences, infiltration trenches, light poles, etc. 1.4 Do not run sewer main in common driveways, services should be run within the common driveway. Page 22 Page 94 Item#2. 1.5 Sewer main should be run from the northern portion of the site down South Sublimity Way from the existing sewer main. Main should be kept within the Right of Way whenever possible. 1.6 12-inch water main will need to be constructed at the Northwest corner to make the second connection at East Quartz Creek Street. 1.7 There is a piece of water main missing at the corner of East Prickle Drive and East Pinpoint Way,this must be included to complete the water loop. 1.8 The water main in East Prime Drive needs to be upsized to 12-inch from South Subilimity Way to East Prickle Drive. 1.9 The water main in East Prickle Drive needs to be upsized to 12-inch from East Prime Drive to East Heyday Drive. 1.10 The water stub in East Heyday Drive to the property line needs to be upsized to 12-inch 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. Page 23 Page 95 Item#2. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1- foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must Page 24 Page 96 Item#2. be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridianciU.orgJ ebLink/DocView.aspx?id=243074&dbid=0&repo=MeridianC ky Phasing Map: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=243072&dbid=0&repo=MeridianC hty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=244321&dbid=0&repo=MeridianC Lty E. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=248416&dbid=0&repo=MeridianC Lty F. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridiancioy.org WWebLinkIDocView.aspx?id=248658&dbid=0&repo=MeridianC Lty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.oLvlWebLinkIDocView.aspx?id=242586&dbid=0&repo=MeridianC i &Cr=1 https://weblink.meridiancit .00rg WWebLinkIDocView.aspx?id=250827&dbid=0&repo=MeridianC ity Page 25 Page 97 Item#2. H. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=243205&dbid=0&repo=MeridianC Lty I. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=243211&dbid=0&repo=MeridianC Lty J. PARK'S DEPARTMENT https:llweblink.meridiancity.orQ/WebLinkIDocView.aspx?id=251528&dbid=0&repo=MeridianC Lty IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is generally consistent with the adopted Comprehensive Plan in regard to land use, density and collector street layout. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Section VIII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 26 Page 98 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting March 22, 2022 Item #4: Victory Commons Condominiums Short Plat Item #5: Moberly Rezone FLUMAERIALZONING Maps– Zoning 0027) 2021Item #3: Heron Village Expansion (H AERIALFLUM Summary of Changes“No parking” north side of E. Blue Heronstorage)make them carports (eliminating garages to remove garage doors and Proposes to retrofit all the existing 35 of these stalls are 11’ x 20’Provided parking = 8938-Covered parking parking = 69Req’d36 apartments in two buildingsPhase TwoProvided parking = 207 Covered parking = 168Parking = 204Req’d108 Apartments in 5 buildingsPhase One Staff Recommendation Covered parking shall be provided only by carportsfencing.Heron Ln. shall have additional landscape screening in addition to 4’ high vinyl All condenser units on the north side of Building F which are visible from E. Blue feet wide (or as approved by Meridian Fire).-The applicant shall widen and improve the pathway between E. Blue Heron Ln. Phase One and Two shall share access, parking, amenities and open space. recommends approval with conditions:As the proposal meets or exceeds all UDC requirements, staff  PC Recommendation The applicant shall add additional trash receptacles.property management company on enforcement of the parking regulationsPrior to City Council, the applicant shall have an agreement in place with the , ACHDaddressed with Prior to City Council, the applicant will have a parking plan that has been approval:approval with the following changes to the conditions of At their September 16, 2021 meeting, the PC recommended  Changes to Agenda: th  Item #2: Apex West (H-2021-0087) – This project needs to be re-noticed & continued to April 12 because additional area was added to the plat. th  Item #3: Eagle Crossing (H-2021-0104) – This project requires continuance to April 12 because the site wasn’t posted with a public hearing notice sign within the required timeframe. th  Item #7: Copper Canary (H-2022-0009) – This project requires continuance to April 12 due to the proof of public hearing notice sign posting not being submitted to the City within the required timeframe prior to the hearing. Item #4: Victory Commons Condominiums Short Plat (SHP-2022-0002) Application(s):  Short Plat Size of property, existing zoning, and location: This site is zoned C-G, and is located at the northeast corner of S. Meridian Rd and E. Victory Rd. History: The subject property contains an existing 29,600 sq. ft. flex building which was approved by Certificate of Zoning Compliance in April of 2020. At the time the CZC was approved, the property was being constructed on a lot that was platted with the Mussell Corner Subdivision. In June of 2020, the property was replatted as Lot 4, Block 1 of Victory Commons Subdivision. In March of 2022, the lot was reconfigured as Lot 4, Block 2 of Victory Commons Subdivision No. 2. The present proposal is to condominiumize the existing building into 10 units of air space. The individual unit spaces can be seen on Page 2 of the short plat shown in Section VI.A. Staff has reviewed the proposed short plat and deems the short plat to be in compliance with City requirements. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2022-0002, as presented in the staff report for the hearing date of March 22, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2022-0002, as presented during the hearing on March 22, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0089 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #5: Moberly Rezone (H-2021-0089) Application(s):  Rezone from I-L to O-T Size of property, existing zoning, and location: This site consists of .16 acres of land, zoned I-L, located south of W. Broadway Ave., between NW 2nd St and NW 1st St.. History: None Comprehensive Plan FLUM Designation: Old Town Summary of Request: Rezone from I-O to O-T to allow a duplex. st The subject property is a vacant lot comprising 0.16-acres which is zoned I-L. Along NW 1 St. (east side of the property) is predominately single family, multifamily and duplexes, nearly all of which is at least 50 years of age (with many dating back to the early 1900s). West of the property is a mixture of industrial uses, a food bank, religious facility and residential, both single family and attached. North of the property is single family attached and multifamily. One of the properties approximately 100 feet to the north is ST already zoned O-T (631 NW 1 St). Railroad tracks are approximately 200 feet south of the property. An alley borders the property along the west. The applicant proposes to construct a duplex (2units) on the subject property once the rezone process is concluded. Although the Plan does specifically mention multi-family residential over ground floor retail or office uses, the property is surrounded on three sides by existing one story residential and multifamily with only a small number of industrial or non-residential uses in close proximity. Although a work / live situation is feasible, because the subject property is on a residential street with no commercial frontage, staff finds the proposed residential use in this area appropriate. The subject property would be alley-loaded. This brings the building closer to the street and removes garages and driveways from the front view of the home. This is consistent with new urbanist principles in an old town zone district. Access will occur via an alley at the west which connects from W. Broadway to W. Railroad St. At present, there is a dumpster blocking the alley north of the property. This requires access to occur by traveling southbound on NW 2nd St and then eastbound on W. Railroad St, which is a one-way street. There is presently a fence in the location where the driveway is proposed, but staff did confirm by a site visit that the 16 ft. wide alley to the location of the proposed driveway is adequate. Staff supports this applicant and recommends approval; however we did believe adjustments should be made to the duplex design as submitted. The original elevations showed a combined front entrance inset for both units with minimal overhang. This project is near the downtown core and is being proposed for Old-Town zoning. A key element of old-town design is walkability in residential areas, bringing houses to the street with narrow setbacks (or build-to’s) and offering a sense of community and gathering places through the uses of useable porches. In order to set the precedent for how NW 1st develops in the future, staff recommended a condition of approval that at time of design review submittal the structure shall include a ground-level covered porch for each unit (individual or combined) of sufficient size to allow covered seating at the front. The applicant has submitted revised elevations that show a porch. The Meridian Planning & Zoning Commission heard this item on February 3, 2021. At the public hearing, the Commission moved to approve the subject rezone request. There were several citizens that showed up. Their concerns included two-story height of buildings, using the alley for access, and desire for the area to remain industrial verses residential. Planning Commission added a condition that architectural design and materials should be generally consistent with neighborhood aesthetics. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0089, as presented in the staff report for the hearing date of March 22, 2022, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0089, as presented during the hearing on March 22, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0089 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #6: Heron Village Expansion (H-2021-0027) Application(s):  Annexation, Rezoning and Conditional Use Size of property, existing zoning, and location: The property is located at SE intersection of N. Meridian Rd and E. Blue Heron Dr. The project consists of 6 properties. Five of them are in the City and are zoned C-G, R-40 and R-8. The property to be annexed is zoned R-1 in the County. Site is located a quarter mile north of the E. Fairview / N. Meridian Rd intersection. The existing Heron Village Apartments consist of 108 units in 5 buildings. A conditional use permit was approved for the multifamily complex in 2013. In September of 2020, the applicant requested a pre-application meeting with staff to discuss annexation of an additional 1.36 acres of land to the east of the existing complex to construct 36 more units in two buildings. Because the Heron Village Apartments were on several properties within different zone districts (C-G, R-40 and R-8) and because they were annexing and zoning additional property staff recommended the applicant zone all of it to R-40. This case was initially heard by the Council on October 12, 2021. Since that time, it has been continued several times. It went to hearing again on December 7, 2021 and was again continued to this date. The issue has been parking, particularly the reported overflow on E. Blue Heron Ln and the impacts on the residents at the Heronbrook Townhouses to the north. The Council has requested the applicant to justify the number of spaces they are proposing, including looking at parking information provided from the property management company, The applicant has resubmitted drawings and additional information. In regard to design, the applicant has moved Building G to the street, doubled up the parking between the buildings and moved the open space further to the center. This would reduce the amount of walking between parking and apartments. The applicant indicates they are required to provide 273 total space, whereas they are providing 296 spaces. Also, as has already been mentioned, much of the existing enclosed garages are being used for storage rather than parking. The applicant proposes to retrofit all enclosed garages to convert them into carports, which would result in them being used for parking, not storage. Staff Recommendation: As the proposal meets or exceeds all UDC requirements, staff recommends approval with conditions. Conditions include:  Phase One and Two shall share access, parking, amenities and open space.  The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave. to 15-feet wide (or as approved by Meridian Fire).  All condenser units on the north side of Building F which are visible from E. Blue Heron Ln. shall have additional landscape screening in addition to 4’ high vinyl fencing.  Covered parking shall be provided only by carports Planning Commission Recommendation: At their September 16, 2021 meeting, the PC recommended approval with the following changes to the conditions of approval: 1. Prior to City Council, the applicant will have a parking plan that has been addressed with ACHD, 2. Prior to City Council, the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations 3. The applicant shall add additional trash receptacles. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0027, as presented in the staff report for the hearing date of October 12, 2021, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0027, as presented in the staff report for the hearing date of October 12, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0027 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Eagle Crossing (H-2021-0104) by Wadsworth Development Group, With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. Application Requires Continuance A. Request: Modification to the Existing Development Agreement (Inst. #2019-121599) for the purpose of updating the existing concept plan. Page 109 Item#3. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: March 22, 2022 Topic: Public Hearing for Eagle Crossing (H-2021-0104) by Wadsworth Development Group,With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. A. Request: Modification to the Existing Development Agreement (Inst. #2019- 121599) for the purpose of updating the existing concept plan. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 110 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Victory Commons Condominiums (SHP-2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) A. Request: Short Plat for 10 commercial condominium units on 2.42 acres of land in the C-G zoning district. Page 111 Item#4. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: March 22, 2022 Topic: Public Hearing for Victory Commons Condominiums (SHP-2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) A. Request: Short Plat for 10 commercial condominium units on 2.42 acres of land in the C-G zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 112 PUBLIC HEARING SIGN IN SHEET DATE : March 22v 2022 ITEM # ON AGENDA : 4 PROJECT NAME : Victory Commons Condominiums ( SHP - 2022 - 0002 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 2 3 t Y \ 4 5 6 7 8 9 10 11 12 13 14 Item#4. STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/22/2022 Legend e DATE: 0 IProje�t Laca�iar. TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 SUBJECT: SHP-2022-0002 Victory Commons Condominiums LOCATION: The site is located at 2976 S. Meridian _ Rd., in the southwest 1/4 of Section 19, T.3N. R.IE. Es r 1. PROJECT DESCRIPTION Short plat to condominiumize an existing building to create ten(10)units for ownership purposes,by BVA Development. II. APPLICANT INFORMATION A. Applicant: Jackson Cleverley,BVA Development—2775 W.Navigator Dr,Meridian,ID 83642 B. Owner: BVA Victory Commons Flex No 1 LLC-PO Box 51298,Idaho Falls,Idaho 83405 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 3/6/2022 Radius notice mailed to property owners within 500 feet 3/7/2022 Posted to Next Door 3/8/2022 Page 1 Page 113 Item#4. IV. STAFF ANALYSIS The subject property contains an existing 29,600 sq. ft. flex building which was approved by Certificate of Zoning Compliance in April of 2020(A-2020-0007). At the time the CZC was approved,the property was being constructed on a lot that was platted with the Mussell Corner Subdivision. In June of 2020,the property was replatted as Lot 4,Block 1 of Victory Commons Subdivision(H- 2020-0086). In March of 2022,the lot was reconfigured as Lot 4, Block 2 of Victory Commons Subdivision No. 2(H-2021-0054). The present proposal is to condominiumize the existing building into 10 units of air space. The individual unit spaces can be seen on Page 2 of the short plat shown in Section VI.A. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section Vlll. Page 2 Page 114 Item#4. VI. EXHIBITS A. Short Plat(date: 11/8/2021) -�Liz[- `4 / �,y ne Line Table �� YY u M Lerx�n olcn rem P.LS.1 / l6 ' 0 80' 160' nR52'R2J L7 1&ST 367d0'-05E o LS.tszo 4 ti ffs I/ �}.yp•R-2J L2 21.ST S53'04= CD � q��l/ �� SCALE:1.= )32Ti'f? L3 32.16 S36'32R6VY I_I ` , f ks�Sb. {T7.T6•RdJ LA 17.19 N69-YZW-Y r �` ♦P {{yyy i5ROYM-2J L5 59.R3' SH-42.17W �� .�P.L9.AAfia li ` le �� l�jl (W.53'R-2J L.5 51.53' N59'042M p E 4 1•, r $ P.Ls.ts00 f. ~./'•. �L',-�f Q I KEY NOTES, — - 1 � THIS SUBOMSION IS'.aIB.E[ 0 73 FIVE{51 FCOT LANDSCAPE E x B f `!. fy O LS CL KENNEDY LATERAL jPER ASSIGNS. MUSSEL CORNER 9U&DrUSION) 1d TEN(Iq FOOT PUBLIC L7rILr f J ~ f'�, /� ♦�k~ p, 75 THIRTY(3O]FOOT KEINEDY {_______________________ ______ ; ` ll �. c� pSTRIGT FOR INGRE53-EGF r BLOCK 1 �s�'� 1B E=TING 3DOEEN(16�FOO P.L.S.— L7 p•L$•TM9t� V 17 CITYOFMERJDIAN MATERE lop fa t L3 45 TEN(Iq FOOT WOE PERMA ,@.rR q lyI I a PL$i'.4 O Sl1BL]MSIOhl g Lm;ewcle i, 6a 9' ��I I I 9 8�ifleeELCOImER P,L8.7]79 b _ Ii 7 FGUM)2B•.LLI.MNILCAP =' P INITOM0 MILENTCA5E Lam PLSILLEG)LE P,L5.F5160 La-IRL9.. - GP.15F./M20616. O 2 C s2r�s-1L y-W c �. * v z Ike �� PROJECTSITI P.Lt3.9390 88°HO"23'VlI �LS7a19 �� 12 Iq Xa 1 dl m I -- — -- z � 7 GOVT L07 4 aP3&�15 S89-4Z 17-W 833.35 �2g� O P.L3.BifA RO (MUM'R-P) aSl' 19 —L ITJBP'SP3T'E l7J0.37'R-}) 69ar L ax 1— m9r4n?E 01m.iS 5•E.CORWII CI! 3 �P,Ls.a13s9p E- 'MRYROAD P.L.S. Fx:w sye 1 SF.xMM15472 Curve Table BASIS OF BEARINGS: 2775 W.Na gam-I THE OASIS OF 9EARINGS FOR THIS SURVEY IS THE WEST BOUNDARY OF GOVERNMENT LOT �-� Ler>0 R.M.I11D¢Im pIPLtl DLeCtlIXI CIpN Lerglh 5Ni1e 2111 d,TAKEN AS NCU'3d'3E-E PER RECORD OF SURVEY 912,282.BEARINGS ARE GRAD, C7 I 4a.37 I 655.0a'1 3.31'3V I EAS-SUM'E I 40.37 Al—r..,ID 83642 DISTANCESARE GROUND. (299)895-25211 SOS'S4'dB"E 40.32' Page 3 Page 115 VICTORY COMMONS CONDOMINIUMS BOOK PAGE N50'45'37"E 377 63' LEGEND: Page 4 Item#4. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions: 1. All development shall comply with the terms of the approved preliminary plat(H-2019- 0150), development agreement(Inst. 2019-119405), final plat(H-2021-0054), certificate of zoning compliance(A-2020-0007) and any future amendments to that agreement as applicable. 2. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 3. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS (Common) SITE SPECIFIC CONDITIONS: 1. Developer is required to enter into a reimbursement agreement for the installation of one streetlight that was installed on Chinden Boulevard as part of the widening project.The developer is required to sign the reimbursement agreement and pay the installation amount of$8,465.00 prior to signature of the plat. 2. No changes to public works infrastructure was shown with the application, any public works changes must be reviewed by public works engineering prior to approval or construction. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the Page 5 Page 117 Item#4. City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Page 6 Page 118 Item#4. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is C-G. Staff finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-N district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 7 Page 119 Item#4. Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. Sewer,water,utilities and pressurized irrigation already serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 8 Page 120 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Moberly Rezone (H-2021-0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. A. Request: Rezone 0.159 acres of land from I-L to 0-T to allow a duplex. Page 121 Item#5. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: March 22, 2022 Topic: Public Hearing for Moberly Rezone (H-2021-0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. A. Request: Rezone 0.159 acres of land from I-L to 0-T to allow a duplex. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 122 PUBLIC HEARING SIGN IN SHEET DATE : March 22 , 2022 ITEM # ON AGENDA : 5 PROJECT NAME : Moberly Rezone ( W2021 - 0089 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#5. STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/22/2022 legend + DATE: ff ff F TO: Mayor&City CouncilH � [ FROM: Alan Tiefenbach,Associate Planner 'o f 208-884-5533 SUBJECT: H-2021-0089 + Z Moberly Rezone / W LOCATION: Parcel R0406010125,located south of W. Broadway Ave.,between NW 2nd St and r NW 1 st St. L E I. PROJECT DESCRIPTION This is a request to rezone 0.16 acres of land from I-L to O-T to allow the construction of a duplex. II. SUMMARY OF REPORT 1. Project Summary Description Details Page Acreage 0.16 acres Future Land Use Designation Old Town(O-T) Existing Land Use(s) Vacant Proposed Land Use(s) One duplex Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Number of Residential Units(type 2 of units) Density 12 du/ac Open Space(acres,total None required [%]/buffer/qualified) Amenities NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of Oetboer 19,2021 —4 attendees attendees: History(previous approvals) J.M.Anderson's Second Addition,platted in 1905 Page 1 Page 123 Item#5. 2. Community Metrics Description Details Page Ada County Highway District No traffic impact study required • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access will occur from an alley accessed from W. Hwy/Local)(Existing and Proposed) Broadway Ave and W.Railroad St Stub Street/Interconnectivity/Cross None 9F Access Existing Road Network NW 2nd St,W.Broadway Ave,W.Railroad St and NW V St. Existing Arterial Sidewalks/ No buffers proposed or required Buffers Proposed Road Improvements No road improvements required,sidewalk will be required along the NW 2nd St frontage Distance to nearest City Park(+ Approx. 1/4 mile to Centennial Park size Fire Service No comments Police Service No comments Wastewater • Comments • Additional 306 gpd committed to model. Total committed flow to treatment plant is 14.25 MGD. • Currently sewer is from back alleyway to the west. However,City is planning on abandoning the line in the alley and installing a new main in W 1 st St. The plan is for this project to start Spring of 2022.If the applicant wishes to connect to sewer in the alleyway before the new sewer is installed they will be required to install a dry line to the east property boundary for easy connection to the new main once built. Water Distance to Water Services 0 Pressure Zone 2 Water Quality No concerns Project Consistent with Water Yes Master Plan Impacts/Concerns A utility plan will need to be submitted,reviewed and approved by PW. Page 2 Page 124 Item#5. 3. Project Area Maps Future Land Use Map Aerial Map Legend Legend H° Ark IProject Luca-fin 1 T E- Project Lc LJLJ WJJ L = . 111L AY A r. WV BROADWAY QJE �4 FCC t; Ra11J � aI } �'r, c , _ I L ROAD D ST La P(w Cyr E BD' Sr i^F4 V Eca rL Zoning Map Planned Development Map Legend 1 Legend 1 lei let P�-ea- Lacs;or 1J Pr,�ject Lflcfli�on 1J - LJI I LWJ i C-rfy Lrrft J AVE E 6RDADWAYAVE — Planned Pflroes -T ` I -T 11PA +f�- - Z _;.�3 c��r_�; La fermi' G Q h�rYrrr,;u �� Nrir�mrle r W z Z 69'NER E BOWER ST ST ST C-C E III. APPLICANT INFORMATION A. Applicant: Carl Argon—4515 E. Copper Point Dr. Meridian,ID 83642 B. Owner: Moberly Holdings, LLC - 4408 W. Saddle Ridge Dr.,Nampa, ID 83687 Page 3 Page 125 Item#5. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 3/6/2022 Radius notification mailed to properties within 300 feet 3/7/2022 Sign Posting 3/8/2022 Nextdoor posting 3/8/2022 V. STAFF ANALYSIS This is a proposal to rezone from I-L to O-T to allow for the construction of duplex. The subject property is a vacant lot comprising 0.16-acres which is zoned I-L. Along NW lst St. (east side of the property)is predominately single family,multifamily and duplexes,nearly all of which is at least 50 years of age (with many dating back to the early 1900s).West of the property is a mixture of industrial uses,a food bank,religious facility and residential,both single family and attached. North of the property is single family attached and multifamily. One of the properties approximately 100 feet to the north is already zoned O-T (631 NW 1 sT St). Railroad tracks are approximately 200 feet south of the property.An alley borders the property along the west. 1. Rezoning The applicant proposes to rezone from I-L to O-T to construct a duplex.A duplex is a principally- permitted use in the O-T zoning district and the zoning would be in conformance with the FLUM as described below. The City may require a development agreement(DA) in conjunction with a rezoning pursuant to Idaho Code section 67-6511A. As this property is already within the City,the infrastructure surrounding the property has already been installed,and all other requirements have been addressed through pertinent regulations, staff comments,and the design review required for the duplex, staff is not recommending a development agreement with this rezoning. 2. Future Land Use Map Designation(https:llwww.meridiancitE.or /�comQplan) The FLUM recommends the property for Old Town. This designation includes the historic downtown and the true community center. Sample uses include offices,retail and lodging, theatres,restaurants, and service retail for surrounding residents and visitors.A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. The purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal,revitalization and growth as the public,quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. The applicant proposes to construct a duplex(2units)on the subject property once the rezone process is concluded.Although the Plan does specifically mention multi-family residential over ground floor retail or office uses,the property is surrounded on three sides by existing one story residential and multifamily with only a small number of industrial or non-residential uses in close Page 4 Page 126 Item#5. proximity. Although a work/live situation is feasible,because the subject property is on a residential street with no commercial frontage, staff finds the proposed residential use in this area appropriate. 3. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) This application is for a rezoning from I-L to O-T to allow a duplex on an infill site. This would allow for more diversity in housing. • Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities. (2.01.01 C) A duplex would increase the diversity in lot sizes, housing types and densities. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map. (2.02.01E) The subject property is an infill site near the downtown core, within a large area which is designated for Old Town zoning by the Comprehensive Plan, near N. Meridian Rd., a principal arterial, and is within walking distance of a large amount of goods, services and jobs. • Encourage infill development. (3.03.01E.) The property is vacant property, surrounded by existing residential development on all sides, except for a body repair shop directly to the west. This is an infill development. • Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. (3.03.03A) This project can be serviced by City of Meridian water and sewer, and all infrastructure will be designed in conformance with City standards. 4. Existing Structures/Site Improvements: The property is presently vacant. 5. Proposed Use Analysis: The applicant proposes to rezone from I-L to O-T to construct a duplex. This is a principally- permitted use in the O-T zoning district subject to applicable standards for development in the traditional neighborhood districts. 6. Dimensional Standards(UDC 11-2): UDC 11-2D-4 requires a minimum height of 35 feet and all buildings should be a minimum of 2- stories. There are no minimum setbacks in the O-T zoning district. The proposed elevations reflect a building that is 2-stories. 7. Access(UDC 11-3A-3, 11-3H-4): The subject property would be alley-loaded. This brings the building closer to the street and removes garages and driveways from the front view of the home. This is consistent with new urbanist principles in an old town zone district. Access will occur via an alley at the west which connects from W. Broadway to W. Railroad St. At present,there is a dumpster blocking the alley north of the property. This requires access to occur by traveling southbound on NW 2"d St and Page 5 Page 127 Item#5. then eastbound on W. Railroad St,which is a one-way street. There is presently a fence in the location where the driveway is proposed,but staff did confirm by a site visit that the 16 ft.wide alley to the location of the proposed driveway is adequate.ACHD and Fire have reviewed the proposed access configuration and have not expressed comments or concerns. 8. Parking(UDC 11-3C): The applicant proposes a duplex with two-bedroom units.UDC 11-3C-6 requires 2 parking spaces per dwelling unit with at least one in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The concept site plan reflects two one-car garages with a driveway area of 30 ft. long by 44 ft. wide. In addition,there is plenty of on-street guest parking along NW 1st Street. The parking provided meets the minimum requirements of 11-3C. As required per UDC 11-3C-5,all off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base,not less than four(4) inches thick, surfaced with asphaltic pavement. 9. Sidewalks(UDC 11-3A-17): There is presently no sidewalk, curb or gutter along NW 1 st St. The applicant will be required to install a sidewalk a minimum of 5 ft. in width as required per UDC 11-3A-17. 10. Landscaping(UDC 11-3B): A landscape buffer is not required for a duplex in the O-T zone district. The UDC does not regulate landscaping on residential lots. 11. Fencing(UDC 11-3A-6, 11-3A-7): There is existing fencing along the side and rear property line. The rear fencing would need to be removed to accommodate parking at the alley-loaded structure. Any new or relocated fencing should comply with fencing regulations per UDC 11-3A-7. 12. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. 13. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): A conceptual elevation was provided with this application. The elevation indicates a structure with pitched roofs, fishscale accents,clapboard siding, shuttered windows and a small ground level patio on each side.As is required by the O-T zoning district,the units are at least two- stories, although the elevations do not indicate whether the minimum required 35' height is met. Design review is required prior to building permit. The dwelling units will be reviewed against the Architectural Standards Manual(ASM). The ASM for residential requires visually heavier and more massive elements or materials, such as stone or masonry,primarily at the base of buildings, and lighter elements and materials such as siding.Also,the ASM states primary building entries to be clearly defined using any unique combination of architectural elements, materials,or fagade modulation meeting other architectural standards in the Manual. The elevations show a combined front entrance inset for both units with minimal overhang. This project is near the downtown core and is being proposed for Old-Town zoning.A key element of old-town design is walkability in residential areas,bringing houses to the street with narrow setbacks(or build-to's) and offering a sense of community and gathering places through the uses of useable porches. In order to set the precedent for how NW I"develops in the future, staff recommends a condition of approval that at time of design review submittal the structure shall Page 6 Page 128 Item#5. include a ground-level covered porch for each unit(individual or combined)of sufficient size to allow covered seating at the front. VI. DECISION A. Staff. Staff recommends approval of the proposed rezoning from I-L to O-T with the conditions noted in Section VII of this report. B. The Meridian Planning&Zoning Commission heard this item on February 3,2021.At the public hearing.the Commission moved to approve the subject rezone request. 1. Summary of the Commission public hearing: a. In favor: Carl Argon b. In opposition: Rebecca Weland,Don Weland and Bogdan Martsgjn k c. Commenting: Carl Argon d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Two-story height of buildings. b_ Using the alley for access and whether it would impact the food bank. c Desire to keep the neighborhood industrial. 3. Key issue(s)of discussion by Commission. a. Whether there were other 2-story buildings in the vicinity- b. Whether the Plan recommendations of Old Town made sense in this area. C. Concerns regarding preservation of buildings and how new buildings could be compatible. 4. Commission change(s)to Staff recommendation: a. Commission recommended a condition of approval that architectural design-and materials should be generally consistent with neighborhood aesthetics. Page 7 Page 129 EE VII. EXHIBITS 1. Building Envelope(NOT APPROVED) m 0 n 94' 1 ST 5TRE ET so map aoo NCO a�a Page 8 Page 130 Item#5. 2. Rezoning Legal Description(date: 12/9/2021) Description for Q-T Zone December 9, 2021 A portion of the in the Northeast 1/4 of the Southeast 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at a 5/8"Iron pin marking the centerline intersection of N. Meridian Road and W. Broadway Avenue, from which a 5/8"Iron pin marking the centerline intersection of W. 3rd Street and W.Broadway Avenue, bears North 89625'49"West, 956.87 feet; thence on the centerline of W. Broadway Avenue, North SW25'49"West, 323.00 feet to the centerline of NW 1st Street;thence on the centerline of NW 1 st Street,South 00030'09"West,246.25 feet to the easterly extension of the north boundary line of the South 3/4 of Lot 9, Block 2, J.M.Andersons Second Addition to Meridian, as file in Book 2 of Plats at Page 87, records of Ada County, Idaho and the REAL POINT OF BEGINNING; thence continuing on said centerline, South 00'30'09"West,43.75 feet to the easterly extension of the south boundary line of Lot 10, Black 2 of said J.M.Andersons Second Addition to Meridian; thence on said south boundary line and the easterly and westerly extension thereof,North 89'25'49"West, 158.06 feet to the centerline of a public alley; thence on the centerline of the public alley,North 00°30'09" East, 43.75 feet to the westerly extension of the north boundary line of the South 3/4 of said Lot 9; thence on said north boundary line and the easterly and westerly extension thereof, South 89°25'49' East, 158.06 feet to the REAL POINT OF BEGINNING. Containing 0.159 acres, rnore or less. This description was prepared using record data as shown on Record of Surrey No. 9863, recorded as Instrument No. 2014-058419, records of Ada County, Idaho and was not verified with a survey on the ground by Idaho Survey Group, LLC. End of Description. �ti F NSA G OA fi 11779 t2 v Page 9 Page 131 Item#5. 0 10 30 60 120 Basis of Bearings N89'25'49"W 956.87_' - 415.81 158-06' 32100' Y I I io N V J.M. Andersons fSecond Ad1 hon I O Ill RLWA; 2 � I Reol Point 589'25'49"E 158.06' of Beginning soa�.tlier! s ¢ f N04`30'Q9"E 0.159 Acres S00'3Q'09'W 43.75' 10 43.75' S89'25'49"E 158.06' lI 11 i PI LA i 12 13 I kGF--N5 `C� Union PacOx Railroad 11779 C09 F �Op V. M CEPS` Page 10 Page 132 Item#5. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING Staff Comments: 1. Administrative design review is required prior to building permit for all new attached residential structures containing two(2) or more dwelling units. Elevations should include at least two field materials, accent materials, a heavier accent material around the base of the buildings, covered porches, and overhangs matching the rooflines or porches over the garage doors. 2. The duplex shall include a ground-level covered porch at the front for each unit(individual or combined) of sufficient size to allow covered seating. Conformance will be reviewed at time of design review. 3. Architectural design and materials shall be generally consistent with neighborhood aesthetics. 4. All off street parking areas and driveways shall be improved with a compacted gravel base,not less than four(4)inches thick, surfaced with asphaltic pavement,as required per UDC 11-3C-5. 5. Sidewalk should be constructed along NW Pt Street pursuant to UDC 11-3A-17. 6. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 7. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-613, as applicable. 8. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D-1. B. PUBLIC WORKS CONDITIONS: Site Specific Conditions: 1. There is a sewer main running through the alley on the west side of this parcel that currently serves the area,however,the City will be installing a new line in West 1st Street which will need to be utilized. The applicant can use the current sewer line,but must install a dry line to the east for future connection to the new main once it is built. 2. A utility plan must be provided for review and approval by the City with the building permit application. General Conditions: 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in Page 11 Page 133 Item#5. the development,and if so,how they will continue to be used,or provide record of their abandonment. 6. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 9. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=250046&dbid=0&repo=MeridianC iv IX. FINDINGS A. Rezoning Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to rezone the property from the I-L zoning district to the O-T zoning district is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and the request for the development Page 12 Page 134 Item#5. complies with the regulations outlined in the requested O-T zoning district and is consistent with the purpose statement of the requested traditional neighborhood zoning districts in general. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; As this is an infill site surrounded by predominately residential development, Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so Commission finds this finding nonapplicable. Page 13 Page 135 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from January 11, 2022 for Heron Village Expansion (H-2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building multifamily complex to allow an additional 36 units in two new buildings. Page 136 PUBLIC HEARING SIGN IN SHEET DATE : March 22v 2022 ITEM # ON AGENDA : 6 PROJECT NAME : Heron Village Expansion ( W2021 - 0027 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#6. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: March 22, 2022 Topic: Public Hearing Continued from January 11, 2022 for Heron Village Expansion (H- 2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building multifamily complex to allow an additional 36 units in two new buildings. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 137 Item#6. STAFF REPORT E IDIAN�- COMMUNITY DEVELOPMENT DEPARTMENT D A H C, HEARING 10/12/2021 Legend m —]" DATE: �V-, 0 TO: Mayor&City Council lei PFoject Lco i�ar i i r FROM: Alan Tiefenbach,Associate Planner E rTn 208-884-5533 r � 15 SUBJECT: H-2021-0027 Heron Village(Phase 2) --- LOCATION: The site is located at 51, 125 and 185 E. Blue Heron Ln,in a portion of Government Lot 6 of Section 6, _ Township 3 North,Range 1 East. ' N F 1. PROJECT DESCRIPTION This is a proposal for annexation of 1.36 acres of land with the R-40 zoning district,rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage mmm 1.36 acres being annexed,5.54 acres being rezoned to R-40 Future Land Use Designation MU-N Existing Land Use(s) Single Family Residential/Rural Proposed Land Use(s) Multifamily Lots(#and type;bldg./common) Existing development is on 5 lots,one more lot would be annexed. Phasing Plan(#of phases) One phase Number of Residential Units(type 108 existing,36 more proposed of units) Density 19.6 du/acre(total) Open Space(acres,total Existing— 1.58 acres(29%),Usable.96 acres(17%) [%]/buffer/qualified) Proposed— 10,200 sq.ft.req'd, 15,300 sq.ft.proposed Amenities Existing amenities include half basketball court,plaza containing benches and trellis, 1,620 sq.ft.clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables. Page 1 Page 138 Item#6. Description Details Page Proposed amenities include 70'x100' grassy area,park benches and picnic tables,enclosed bike storage. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 10,2021 —7 attendees attendees: Staff has received 2 letters and 5 voicemails in opposition to this request.Issues expressed include parking along E. Blue Heron and lack of emergency access. History(previous approvals) AZ 01-014,CUP 12-0021,MCU 13-005,CZC 13-038, DES 13-039) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State One existing access from E.Blue Heron Ln(local road), Hwy/Local)(Existing and Proposed) one additional access proposed from E.Blue Heron Ln Existing Road Network E.Blue Heron Ln(local road)and N.Meridian Rd (arterial) Existing Arterial Sidewalks/ • Sidewalk already exists along N.Meridian Rd. Buffers • 5'wide sidewalk is constructed along the portion of Blue Heron Ln of which the existing multifamily development exists • The landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed. Proposed Road Improvements Staff is recommending an existing pathway connecting the east terminus of E.Blue Heron to N.Eureka Ave be widened for emergency access only. Distance to nearest City Park(+ '/z mile to Settler's Park,3/4 mile to 8th St Park, size) Distance to other key services 0.5 mile+/-to shopping center and commercial services at N.Meridian Rd/E.Fairview Ave intersection. Fire Service • Distance to Fire Station 1.8 miles to Fire Station 3 • Fire Response Time <5 minutes • Resource Reliability 78% • Risk Identification 2—current resources not adequate to supply service • Accessibility A Meets all requirements • Special/resource needs Aerial device will be required • Water Supply � 2,250 gpm • Other Comments • All buildings must be sprinklered. • Fire has expressed issues with parking availability and cars parked along W.Blue Heron. • Fire has recommended secondary emergency access to N.Eureka Rd. Police Service • No comments West Ada School District Page 2 Page 139 Item#6. Description Details Page • Distance(elem,ms,hs) 4.4 elem, 1.7 ms,2.6 hs • #of Students Enrolled 4 additional school-aged children projected Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.16 • Project Consistent with Yes WW Master Plan/Facility Plan Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No proposed water infrastructure submitted with this record.Engineering must review any new infrastructure. Connect to existing apartment development to west and to Blue Heron Ln. • Existing water services must be abandoned at the main in Blue Heron Ln. • Both addresses(125 and 185 E Blue Heron Ln)have a meter to the site.If these meters are not used they need to be abandoned at the main. • Provide looping of water line from Blue Heron Rd to existing water line to the west in Heron Village. • Provide water stub to east property boundary to facility future looping. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. Page 3 Page 140 1� - - r� IIII Ilp 1� ■ 1 - x monism ■■■ ■■ II11111111 . . 1` � ■ � � 111111 11111 loll i - Elms ■ = m■■■■n■■MIME 111151111NII 11111 ■ o11 E ER. iI vi w IN IN monism - _ "� �►_"xrt, - rJI11111p11 — #- ii 1111ll milli *'# y .Lys . . i � 1111 loll .;� -+r'.M _ ter_ vg�'1� - :� � —_ � ■ - � It IN �a� ■■ — W G[4WT s +�:.,.,. t �t.:f'ki .'. ■ IIIH1111 II Al r I� w .wth r' . 1 • --.CHEFR.Y- EhIRVL { �,; 1i Z ■ Item#6. III. Applicant Information A. Applicant/Representative: Tamara Thompson—The Land Group, Inc—462 E. Shore Dr, Ste. 100, Eagle,ID, 83616 B. Owner: PPHC Heron Property LLC—28717 Grumman Dr.,Eugene,OR 97402 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 6/25/2021 Radius notification mailed to properties within 300 feet 6/22/2021 Nextdoor posting 6/22/2021 Sign Posting 9/7/2021 V. STAFF ANALYSIS Background The existing Heron Village Apartments consist of 108 units in 5 buildings on 5.5 acres. 0.65 acres are zoned R-8 and were platted with the J. E. Pfost's Subdivision in 1908. The remaining 4.86 acres are zoned R-40 and C-G and were annexed in 2002 as the Ted Williams Annexation. There are several conditions of approval of this annexation regarding road and infrastructure improvements,but no development agreement. A conditional use permit was approved for the multifamily complex in 2013 (CUP 12-021). hi 2014 a modification to the conditional use was approved(MCU-13-005)to allow replacement of several of the amenities. A Certificate of Zoning Compliance was approved in April of 2013 (CZC 13-038). In September of 2020,the applicant requested a pre-application meeting with staff to discuss annexation of an additional 1.36 acres of land to the east of the existing complex(185 E. Blue Heron Ln)to construct 36 more units in two buildings. Because the Heron Village Apartments were on several properties within different zone districts (C-G, R-40 and R-8)and because they were annexing and zoning additional property anyway, Staff recommended to the applicant that it would be preferable to rezone all of the associated properties to R-40. A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation and rezone area is included in Section VII. There is not a development agreement with the existing development. As will be discussed below, staff and the applicant have discussed this project with the understanding that what is currently being proposed is a second phase and expansion to the existing development with shared parking, amenities and open space. To ensure this intent is met and the project develops cohesively, staff recommends this be reflected in a development agreement. Page 5 Page 142 Item#6. B. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan) The Future Land Use Map designates the subject property for Mixed Use Neighborhood(MU-N). The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. This proposal is to annex a 1.2-acre lot zoned R-1 in the County, and zone it and a 0.65-acre lot to the west(already zoned R-8 in the City)to R-40. The purpose is to proceed with a conditional use for a 36-unit expansion to an existing multifamily development. This application also includes rezoning the portion of the existing multifamily development that is C-G to R-40 so the entire development is in the same zone district. The subject property is between high density residential at north and south, with uses becoming progressively more commercial to very intensive commercial uses at the N. Meridian Rd. E. Fairview Ave intersection. As this project is to allow expansion of the existing multifamily to an infill vacant parcel to the east, staff believes at the regional scale this proposal meets the intent of the Plan. C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents.2.01.02D The proposed multifamily residential development will contribute to the variety of housing types available within the City. • Support infill development that does not negatively impact the abutting, existing development. (2.02.02C) This proposal is to allow infill of an existing vacant parcel on the northeast portion of the subject properties to allow expansion of an existing multifamily development, surrounded by existing multifamily development to the north and south, industrial uses to the east, and religious and single family residential across N. Meridian Rd to the west. Although there could be some incremental impacts associated with additional units, the impacts associated with this development are already primarily established and there would be few or negligible impacts on the single family residential across N. Meridian Rd. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01 E) This expansion to an existing multifamily development is located along N. Meridian Rd, in close proximity to a variety of commercial uses, including approximately%mile to a shopping center, along the intensely commercial E. Fairview IN. Meridian Rd. intersection. • Encourage infill development. (3.03.01E) The proposed annexation of an additional parcel of land surrounded by existing development to allow expansion of an existing multifamily complex would be considered an infill development. • Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services. (3.03.03F) Page 6 Page 143 Item#6. Urban services and public facilities are already being provided to the existing multifamily complex. This proposal would allow an additional 36 units in two buildings. D. Existing Structures/Site Improvements: There is an existing residence,which was constructed in 1954, and accessory structures on the property that is currently zoned R-8. All structures will be removed with development of the additional 36 units. E. Proposed Use Analysis: The request is to annex 1.36 acres with an R-40 zone, and rezone a R-8 zoned parcel as well as the C-G zoned portion of the existing multifamily development to R-40 to clean-up the zoning for the existing development and to allow 36 additional multifamily units. This is allowed by conditional use per UDC 11-2A-8. F. Specific Use Standards(UDC 11-4-3): The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: i. Buildings shall provide a minimum setback of ten(10)feet. The site plan indicates both buildings meet a minimum setback of at least 10'on all sides. ii. All on-site service areas, outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The submitted landscape plan reflects dumpsters in an enclosure and screened by landscaping at the east portion of the property. Details regarding this enclosure and any additional ground or roof mounted mechanical or electrical equipment meeting the requirements of 11-3A-12 and 11-4-27 will be required to be submitted with the Certificate of Zoning Compliance (CZC). The landscape plan indicates ground-mounted condenser units. One of these groups of condenser units is at the north side of Building F, directly along E. Blue Heron Ln. Although the landscape plan suggests 4'high vinyl fencing screening these unit, staff believes there should be additional mitigation to soften the view from the street. Staff recommends additional shrubs be grouped in this area. It should be noted shrubs are required along the building foundation already per the specific use standards, so this would be in addition to that requirement. iii. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. Floorplans of the units indicating this requirement is met shall be required at the time of CZC. iv. Developments with twenty(20)units or more shall provide a property management office,maintenance storage area, central mailbox location, including provisions for parcel mail, and a directory and map of the development at an entrance or convenient location for those entering the development. All of these requirements have already been provided and shown on the site plan associated with the CZC approved for the existing development. Page 7 Page 144 Item#6. V. A minimum of 250 sq. ft. of common open space shall be provided for each unit of between 500 sq. ft. and 1,200 sq. ft in area; 350 sq. ft. of common open space is required for all units greater than 1,200 sq. ft in area. The applicant has provided an open space exhibit which reflects the required open space for both Phase I and Phase 2. 41,870 sq.ft. of open space was required with Phase One whereas 53,000 sq.ft. is provided. 10,200 square feet of qualified open space is required with Phase 2, whereas 15,330 sq.ft. is proposed. The proposal meets the minimum requirements of UDC 11-4-3-27. vi. Amenities The existing development consists of 108 units, and an additional 36 units are proposed. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq.ft. clubhouse with exercise room,playground, horseshoe pit, barbeques and picnic tables. This proposal proposes two additional amenities-an approximately 8,600 sq.ft. open space park and 52 new bicycle storage spaces. UDC 11-4-3-27-D states `for multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. vii. All street facing elevations shall have landscaping along their foundation. The landscaped area shall be at least three(3) feet wide. For every three (3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. The landscape plan does show landscaped areas around the foundations of the buildings, although it does not indicate whether this includes shrubs. As mentioned above, staff is recommending additional landscaping around the mechanical equipment visible from E. Blue Heron Ln. G. Dimensional Standards(UDC 11-2): Dimensional standards of the R-40 zoning district include 10' front setbacks, 12' rear setbacks, 3' side setbacks, and a maximum building height of 60'.However, as mentioned in the specific use standards above, 10' setbacks are applied to all multifamily projects (on all sides). The development as proposed meets these setbacks, and the elevations provided indicate a maximum height of approximately 42' from the highest roof pitch. The proposal meets all the dimensional requirements. H. Access(UDC 11-3A-3, 11-3H-4): There is one existing access from E. Blue Heron Ln. (local road) serving the existing 108 units; one additional access is proposed from E. Blue Heron Ln. Meridian Fire has commented that although the site does provide two points of access,both of these accesses are from E. Blue Heron Ln.with the only way in and out occurring from N. Meridian Rd.Fire;they prefer another point of access that does not solely rely on N. Meridian Rd. E. Blue Heron Ln.terminates into a pathway at the east end which then connects to N. Eureka Ave. Based on discussion with the applicant,they agreed to widen this pathway to 20 feet wide or as approved by Meridian Fire, and provide bollards on either end to allow secondary fire access. Page 8 Page 145 Item#6. I. Parking(UDC 11-3C): UDC 11-3C-6 requires 1.5 parking spaces per each one-bedroom dwelling unit and at least 2 parking spaces for 2-3 bedrooms units. At least one parking space for each of these units must be in a covered carport or garage. As requested by staff,the applicant submitted a site plan which indicates the required and proposed parking for both Phase One(the 108 units) and Phase Two(the 36 additional units). Phase One was required to provide 204 parking spaces with 102 of them covered spaces. 207 parking spaces are provided,with 195 of them being covered. Phase Two is required to provide 69 parking spaces,with 36 of them covered spaces. 87 spaces are provided,with 71 of them being covered. 6 total bicycle parking spaces are required with this development. The parking exceeds the requirements by 21 parking spaces. The site plan indicates 17' long parking spaces on the south side of Building F, east side of Building G and surrounding the open space. As required by UDC 11-3C-5, sidewalks are at least 7' in width in these areas to allow for vehicle overhang. The remaining parking spaces are shown to be 19' in length. The applicant should be aware that all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not indicated on the site plan or landscape plan. These should be indicated on the site plan with the CZC. Meridian Fire,Police and the surrounding residents have commented that parking has been a continuous issue for this development, as residents and guests often park on both sides of E. Blue Heron Dr,making emergency access difficult. One cause of this issue is that many of the garages that are intended to be used to satisfy parking requirements are being used for storage, leading to spill-over in other areas of the development and along the local streets. As 71 parking spaces are proposed to be covered with Phase 11, staff recommends these covered spaces be accommodated by carports and not garages,to avoid dedicated covered spaces being used for storage. Elevations of the carports have not been provided. At the time of CZC,the applicant will need to provide elevations that reflect the accessory structures are compatible with the primary buildings and meet all the minimum dimensional requirements of UDC 11-3C-6. The applicant should also be aware that the site plan indicates striped pedestrian crossing areas across the parking lots.UDC 11-3A-19-4 requires internal pedestrian walkways to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. J. Sidewalks(UDC 11-3A-17): Sidewalk already exists along N. Meridian Rd,which has recently been reconstructed. 5' wide sidewalk is constructed along the portion of Blue Heron Ln. of which the existing multifamily development exists;the landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed in accord with UDC standards. K. Landscaping(UDC 11-3B): A 25' wide landscape buffer has already been provided along N. Meridian Rd as required by UDC Table I I-2B-3.W. Blue Heron Lane is classified as a local street and as such does not require a street buffer in the R-40 zoning district. However,a 17' wide landscape buffer was installed along the portion of the property frontage developed with Phase One,and the landscape plan indicates this buffer is proposed to continue along the frontage to the property line with Phase Two. A 12' +/-landscape buffer is proposed along the eastern property line,although a Page 9 Page 146 Item#6. residential buffer is not a requirement for multifamily in the R-40 zoning district and this property is directly adjacent to an existing meat packing plant. It does appear there is at least 3' wide landscaping areas along the foundations of both buildings with street facing elevations as required per the specific use standards for multifamily,but the landscape plan does not specifically identify shrubs in this area. As mentioned, staff believes there should be additional landscape screening along the street-facing sides of the condenser unit screen fences along E. Blue Heron Ln. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with all landscaping requirements and is required to be prepared by a landscape architect, landscape designer, or qualified nurseryman,per UDC 131C-3B. L. Qualified Open Space (UDC 11-3G): The applicant has provided an open space exhibit which reflects the required open space for both Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000 sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2,whereas 15,330 sq. ft. is proposed. The open space provided for Phase 2 exceeds the requirements. M. Qualified Site Amenities (UDC 11-3G): UDC 11-4-3-27 requires 4 amenities from each category for multifamily developments of more than 75 units,but for multifamily developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables.With the proposed expansion the applicant proposes a 50'x 100' sq. ft. open space area and 52 additional enclosed bike storage facilities. The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. N. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects perimeter fencing that is to match existing fencing.At the time of the CZC,the applicant shall provide all fencing details on the landscape plan. O. Utilities (UDC 11-3A-21): There is infrastructure serving the existing development.All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. P. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations were submitted with this proposal. The elevations utilize architecture that is consistent with the existing buildings including multiple roof pitches,dormers,canopies and outdoor second and third story railings. Building materials include hardiboard lap siding, hardishake shingle siding, cultured stone columns and asphalt singles. Building elevations will be reviewed against the ASM manual at time of CZC. VI. DECISION A. Staff: Staff recommends approval of the annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40,and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings Page 10 Page 147 Item#6. per the provisions and comments included in Section VII in accord with the Findings in Section VIII B. The Meridian Planning&Zoning Commission heard this item on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject annexation,zoning and conditional use request. 1. Summary of the Commission public hearing_ a. In favor: Tamara Thompson b. In opposition:None c. Commenting: Tamara Thompson d. Written testimony: Staff has received 5 voicemails and three letters in opposition. e. Staff presenting application: Alan Tiefenbach f Other Staff commenting on application:None 2. Key issue(s) public testimony: a. Three citizens testified in opposition. Concerns expressed regarded traffic,parking, emergency access and litter 3. Key issue(s)of discussion by Commission: a. Commission discussed whether parking could be increased,their understanding that parking is an issue along E.Blue Heron Ln,problems associated with litter,whether the applicant could work with ACHD to limit parking along E. Blue Heron Ln,and whether a parking enforcement company can be utilized, 4. Commission change, (s)to Staff recommendation: a. Prior to City Council,the applicant will have a parking plan that has been addressed with ACHD, b. Prior to City Council,the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations c. The applicant shall add additional trash receptacles. d. Condition 2-C shall be amended that the applicant widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave. to 15 feet wide instead of 20-feet wide. Page 11 Page 148 Item#6. VII. EXHIBITS A. Site Plan(date: 3/18/2021) - E H E F C N L-L . �- -RAY FU I xs TrP. I 3 I x ■ ■ ■ TrP. lfl I 21 TrP. � I - (OPEN SPACE 7 IGO' d xx TrP. rYP. I --❑+ TrP. I m. - - - —�L�Eu- — - - - 24 k a Typ rrPLEI — _ S TYP. TYR 11 - 7�410 - — —k— �} 15 i i 9E$E 9E$E Ttp i I _ 16 ' =.JILDING G, 12-PLIX H } 0 H t.I I y17 El BU NG 1 aEm Typ. TYR t' I NG e � k PLEX UI G I I l Page 12 Page 149 B. Landscape Plan(date: 4/2/202 1) 13 LJ E H E R 3 N LAN :E- 4- X .. ......... . ..... .. ...... .................. ... ... .... ---------- .......... .................... .............. .. ........... . .................... BUILDING F* 24 .... ......... .......... ............... ... ....... -PLEX : )\ .......... ........... J ------ ---- I- -Z. 77 77 ...... BUILDING_47 GI 12-P BUILDING A 24-PLEX BUILDING B FEW 12-PLEX I AM nDTInKi C' Page 13 Item#6. C. Qualified Open Space Exhibit(date: 8/20/2021) PHAS NEW ■ RECJU 1 OPEN SPADE WILD VIN F'G - E_ Fy2' REWIDE -52.3929F ��- OPEN SPACE PRWIOEU-53.000 SF 1 _ ■ PHASE I AMSF IES IX CLIIBHWF WIEITNE33 CENTER8 PIA2A ———— — PICNIC AREAS THRONGF1019T HALF SPORTS CWRT TOT LOT aw U auto STOW - PHASE IFE) 1 SPACE REOVIDED=19.519 SF ➢ROVIOE0=19,5195E I FHASE1"111ITIES 'l NEW CARPORT-T P. I _ ■ ENCLOSED BIKE STORAGE FOR 52 BIKES 8 X%2'OPENFIELC +I I t l 12-PLEX H/ I� I Y'fF`xC I I - - - DAVE -- HERON VILLAGE APARTMENTS PHASE I & II PEVANS - -T46 e. co NST A�cr:oN OPEN SPACE EXHIBIT DATE-Ogl1N2D21 Page 14 Page 151 EMMA ........... ............. ?�11' 11l 11 =�=� • �_�= 11 11 11;; ;,:Illn„�III III IIIIIII IIIIII iillllllllllllllllll III Illnn�ll....... ;r I=l7■1= I■■=I 11 =11=`�''11�`? ° IIIIIIIIIIIIII; _,IIIIIIIIIIIIII m� ° =gill I-111-=IIII --'1 IIIIIIIIIII �■��=1�1=■■� 11 IIII III;: =n IIIIhIIIIIIIIII IIII = -, :, m� I�Illullllllli; ,Ilulllllllllll m� :.. ..................................... - - III IIIIII III IIII III III IIIIIII III IIII ..il = = -- — - 11 II - — III III = IIII I=u I I — �liir::•:i:iti�..::::::aa — 'I 1. MEM oll II I■ I I III IIIIIIIIIIIIIIIII I_I IIII I_� ;,_I IIII IIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIII I-I IIII I- ................. I','�,'�,'„�,' = = 1 = I....,,. �__ =uuuuluuuuul��l-_-_- M 11 ................. .......................................... ..................................... .................... .......... .......... ........... ................ I •.- ❑.... ❑ ❑ ❑.........❑..... C C IIIIIIIIIIIIIIIIII ■IIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIII - - IIII - _= - IIII - - = - - - - - ?:11��' �I"11'`'�411>�; e,. �....._ ❑ _ _ ❑ = ...0........0...._ C = = C = nn =111111111111111��=— ��illlllllllllll= nn = = nn =llllllllllllli��±—_ ��IIIIIIIIIIIIIL- nn = - -_1li-J --_11 Item#6. E. Annexation Legal Description ANNEXATION BLUE HERON APARTMENTS PHHC HEROIN PROPERTY, LLC An area of land being portions of APN: R7039000005 and APN: R703900300, Ada County records, located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89'35'33" East, 505.66 feet,to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89' 35' 33" East, 166.44 feet,to a point,from which the Center West One Sixteenth corner of said Section 6 bears, North 99'35' 33"East,418.18 feet; Thence leaving said east-west mid-section line,South 00*21' 57" East, 384.21 feet, Thence North 67*07'38" West, 185.36 feet; Thence South 99'55'20" West,9.00 feet; Thence North 00°20'55" East, 93.00 feet, Thence North 89*38'42" East, 9.00 feet; Thence North 00*20'55" East, 217.94 feet to the POINT OF BEGINNING. The above described area of land contains 1.36 acres(59,435 Ftz), more or less. PREPARED BY: The Land Group,Inc. a�p�CENS Michael Femenia, PLSt�, '� 1 Q OF�a S. U3J1712021 Page 16 Page 153 Item#6. Annexation for PPHC Heron Property, LLC Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North, Range 1 East, Boise Meridian City of Meridian,Ada County, Idaho 2021 W 1/4 SEC.5 CP&F#2018-059717 EAST BLUE HERON LAND' N8R 35'33"E 1090.72' f 505.56' 1fi6.44' 418.18' -. Poll � R/y �zl I CW 1/16TH SEC,6 CP&F#104034814 IEMT BLUE HERON LANE PPHC HERON PROPERTY LLC Q APN:R70390000Q.5 cn ocU W N 1 6n 185 EAST BLUE HERON LANE cn c�v PPHC HERON PROPERTY LLC rn 1 o APN:R7039ODHOO 125 EAST BLUE HERON LANE I � PPHG HERON PROPERTY LLG M1, APN:R7039NO170 i SW COR.SEC.5 — &F#113105589 NW3842"E 9.00' 245 EAST BLUE HERON LANE NUO'20'55"E 93 00' AREA OF ANNEXATION 5CHWERO JAMIE i PPHC HERON PROPERTY LLC APN:R7039DX2DO 1.36 Acres (59,435 Ft2)± I 589'55'20'W 9.00' \N11101 �a � 36', o ' ate, Page 17 Page 154 Item#6. F. Rezoning Legal Description REZONE to R40 BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being APN: R7039000005,APN: R7039000300, and APN:117039000170 AND portions of APN:R7039000090,APN: R7039000080,and APN: R7039000057,Ada County records,located in a portion of Government Lot 6 of Section 6,Township 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING atthe West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89'35'33"East,341.03 feet to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89'35'33" East, 331.50 feet,to a point, from which the Center West One Sixteenth corner of said Section 6 bears, North 89"35' 33" East,418.18 feet; Thence leaving said east-west mid-section line,South 00'21'57" East, 384.21 feet; Thence South 67"07'38" East,192.71 feet; Thence South 31"38'35" East,39.83 feet; Thence South 89"33'08"West,389.49 feet; Thence South 84"29'31"West,129.04 feet; Thence South 89"27'49"West,75.47 feet; Thence South 00"32' 11" East,21.00 feet; Thence South 89"27'49"West,118.20 feet; Thence South 00"09'00" East,24.79 feet; Thence North 88"59' 16"West,165.03 feet,to a point on the west line of said Section 6,from which pointthe Southwest corner of said Section 6 bears, South 00' 18' 10"West, 2100.10 feet; Thence on said west section Jine,North 00"18' 10" East,237.50 feet, Thence leaving said west section line,North 89"36'00"East,496.84 feet; Thence North 00"20'55" East,93.00 feet; Thence South 89'38'42"West,155.89 feet; Thence North 00"18' 10" East,217.78 feet to the POINT OF BEGINNING. The above described area of land contains 5.54 acres(241,398 Ft'),more or less. PREPARED BY: TILE Land Group,Inc. NL LA Michael Femenia,PLSL ENS 0 ate. 1 Z, EL S. U3f17/°2()21 Page 18 Page 155 Item#6. W SEC.B POB CVO!1}110 SEC.6 CP&F&F#2018-059717 � CP&F#104034814 r N89°35'33"E 1090.72' _ I EAST BLUE HERW LAVE 341.03' __ 331.50 _ _ 418.18, RIW Igy E}61�.F�y JEE Lin N00"18'10"E 217.78' NFC iEfr-YI PR3PER7ilaC N ` � � it .ul•-e"Cu�x � � .,01.7R.k 1 IIII LINE BE g ?=W47)3101� I �J d•• S89'38'42`%%' cm �'0. ' 155.89' � � � sa 44,5' _ N00°20'55"E _ I �' '°° r s wxcH&w=<<.: 93,00' f6EASF�P WELMF +aRR�+A11 I +A4RM's1P0idP q b � NS9°36'00"E 496.84' 4 LQ AREA OF RF70NE p �t3� 61 �+ 92 I I PPHC HERON PROPERTY LLC +� r + 7 011� S89°27'49"W 5,54Acras{241,398FY�± Via O - F o° S89'27'49"W 75.47' S$9°33'08"W 389.49' L1 5g4°29'3i,VV � 118,2Q' 129.0#' N88'59'16"W L3 L2 0 165.03' _ Rezone far SWCOR.SEC. 5 PPHC Heron Property, LLC t CP&F#113105589 Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North, Range 1 East, Boise Meridian City of Meridian,Ada County, Idaho 2021 Page 19 Page 156 Item#6. VIII. CITY/AGENCY COMMENTS & CONDITIONS PLANNING DIVISION Site Specific Conditions of Approval 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption,and the developer. 2. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, qualified open space exhibit and elevations submitted with the annexation application contained herein. b. Phase One and Two shall share access,parking, amenities and open space. c. The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave.to 2015 feet wide(or as approved by Meridian Fire),capable of supporting an 80,000-pound fire truck with bollards on either end to allow secondary emergency access. 3. Prior to City Council,the applicant shall have a parking plan that has been addressed with ACHD to address the concerns discussed at the September 16,2021 Planning Commission meeting. 4. Prior to City Council,the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations. 5. Additional trash receptacles will be added near E.Blue Heron Dr. 6. The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 3. All condenser units on the north side of Building F which are visible from E. Blue Heron Ln. shall have additional landscape screening in addition to 4' high vinyl fencing. 4. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3c-4 for multi- family dwellings. Covered parking shall be provided only by carports. 5. All carports shall be constructed to be compatible with the associated residential buildings i.e. similar building and roof forms, architectural elements and details,and materials and colors to maintain the quality of the architectural character)in accord with the Meridian Architectural Standards Manual. 6. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of both phase of the development,including,but not limited to, structures,parking, common areas, and other development features. Documentation of compliance with this requirement shall be with submitted with the first Certificate of Zoning Compliance application. 7. All off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions per UDC 11-3C-5. When a bumper overhangs onto a Page 20 Page 157 Item#6. sidewalk or landscape area,the parking stall dimensions may be reduced two (2) feet in length if two (2) feet is added to the width of the sidewalk or landscaped area planted in ground cover. GENERAL CONDITIONS OF APPROVAL 1. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-6, 11-3A-7. 2. Comply with all bulk,use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 3. Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1. 5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. Page 21 Page 158 Item#6. IV. FINDINGS Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; This is a proposal for annexation of 1.36 acres of land with a R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40 to allow the expansion of an existing multifamily complex. This complies with the applicable provisions of the comprehensive plan,particularly to provide a diversity in housing opportunities and to encourage infill development. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to R-40 generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Commission finds with the recommended conditions of approval the proposed R-40 map amendment should not be detrimental to the public health, safety and welfare as the property is surrounded by multifamily to the north and south, industrial in the County to the east, and N. Meridian Rd to the west. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation and rezone is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Commission finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed Page 22 Page 159 Item#6. use and meet the dimensional and development regulations of the R-40 zoning district and the multi family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The proposed multi family residential use in the R-40 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. This proposal would allow an additional 36 units to be added to an existing 108-unit multifamily development. Most impacts have already been established. The general design, construction, operation and maintenance of the multi family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. As this is an addition of 36 units to an existing 108-unit multifamily development, impacts have already been mostly established and Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection, drainage structures,refuse disposal,water,and sewer. Essential public facilities and services are presently serving the existing development. Sanitary sewer, domestic water and irrigation can be made available to additional property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. This addition will be part of a larger existing multifamily development. The applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Page 23 Page 160 Item#6. Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Commission recognizes there will be a small increase of traffic and noise with the approval of this development; whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s)of major importance. Page 24 Page 161 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Copper Canary (H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. A. Request: Modification to the Existing Development Agreement (Inst. #104129529) to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan, removal of the requirement for conditional use approval of any future uses on the site, and requirement for access to be taken from the north via the future backage road with emergency only access from the south. Page 221 Item#7. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: March 22, 2022 Topic: Public Hearing for Copper Canary (H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. A. Request: Modification to the Existing Development Agreement (Inst. #104129529) to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan, removal of the requirement for conditional use approval of any future uses on the site, and requirement for access to be taken from the north via the future backage road with emergency only access from the south. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 222 Item#7. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 3/22/22 Legend DATE: TO: Mayor&City Council Project Location R-8 E FROAM: Sonya Allen,Associate Planner C-G MODELS�� 208-884-5533 - R-i 5 W LN RUT R-2 � SUBJECT: H-2022-0009 Copper Canary E tEbR W RL2 R1 a LOCATION: 2590 N. Eagle Rd., in the NW 1/4 of _ Section 4,T.3N.,R.IE. Rig R-4 L.p C-C R-40 o R-4 W -RUT RUT I E RIVER VALLEY ST z N =R-4 C-G 0 a W3 z I. PROJECT DESCRIPTION Modification to the existing development agreement(Inst. #104129529)to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan;removal of the requirement for conditional use approval of any future uses on the site;requirement for access to be taken from the north via the future backage road with emergency only access from the south. II. SUMMARY OF REPORT A. Applicant: Jeff Likes,ALC Architecture- 1119 E. State St., Ste. 120,Eagle, ID 83616 B. Owner: East River Valley Street, LLC-2832 State St., Carlsbad, CA 92008 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 3/6/2022 Page 1 Page 223 Item#7. Notification mailed to property owners within 300 feet 3/7/2022 Applicant posted public hearing notice on site 3/4/2022 Nextdoor posting 3/8/2022 IV. STAFF ANALYSIS The existing Development Agreement(DA))(Inst. #104129529—Red Feather AZ-03-021) originally encompassed a larger 114.52-acre area that includes Redfeather Estates,a residential development to the east and adjacent commercial properties. The DA requires any future uses of the property to only be approved through the Conditional Use Permit(CUP)process and requires either a public or private backage street generally parallel with Eagle Rd./SH-55 to be incorporated into the design of future site plans.A conceptual master plan demonstrating interconnectivity,transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted. See Section VIA for more information. A variance(VAR-08-004)was approved in 2008 for a temporary access via N. Eagle Rd./SH-55 until such time as access can be provided to the site from either the south via a frontage road from the extension of E. River Valley St. or from the north across the South Slough. At such time,the temporary access to Eagle Rd. is required to be removed and the street buffer landscaping adjacent to Eagle Road is required to be completed. Currently, there is no access to the site from either the north or the south. The Applicant requests a modification to the existing DA to remove the subject property from the agreement and prepare a new DA with an updated conceptual development plan; removal of the requirement for conditional use approval of any future uses on the site; and requirement for access to be taken from the north via the future backage road with emergency only access from the south. A conceptual development plan was submitted as shown in Section VI.0 that depicts a reconfigured parking area, extension of the street buffer and pedestrian pathway across the existing driveway from N. Eagle Rd./SH-55, a drive aisle along the east boundary of the site connecting to the north for future access via Eagle Rd./SH-55 and to the south for emergency access only.Note:A driveway from Eagle Rd.ISH--55 is depicted on the concept plan partially on this site and partially on the property to the north that has not been approved; an approved access via Eagle/SH-55 exists approximately 500'to the north of the subject property. The UDC(11-3H-4B.2)does not allow new approaches directly accessing a state highway. The City Council may consider and approve a modification to this standard upon specific recommendation of the Idaho Transportation Department per UDC 11-3H-3. Staff anticipates a request for this access will be part of a future development application on the adjacent property to the north. The Applicant proposes new DA provisions,which are included in Section VI.D below. Staff is amenable to the request to remove the requirement for a conceptual master plan to be submitted for the overall area as much of this area has already been developed and/or has entitlements. Staff is also supportive of the removal of the requirement for any future uses to be approved through the CUP process as the UDC (Table 11-2B-2)governs the allowed uses in the C-G zoning district and a CUP is not required for all uses. Staff is not in favor of removal of the requirement for a public or private backage street generally parallel with Eagle Rd./SH-55 to be provided as UDC 11-3H- 4B.3 requires such to provide future connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road.Although a drive aisle/backage road is depicted on the conceptual site plan, Page 2 Page 224 Item#7. it's proposed to dead-end at the southern boundary with an emergency only access to the south. Because access is limited in this area, Staff believes it's important for this backage road to provide through unrestricted public access to the north and the south. The Fire Dept. does not support the backage road being blocked for emergency access only and states the road needs to run through unobstructed for fast access to businesses in this area. Based on the aforementioned recommendation, Staff recommends the conceptual site plan is revised to depict a backage road along the east boundary of the site with unrestricted access to the south. DA provision#5.1d should be revised to include vehicular access to the south. DA provision#5.1e should be replaced with a requirement for cross-access easements to be granted to the properties to the south and to the north; a recorded copy of the easements should be submitted to the Planning Division with the Certificate of Zoning Compliance application. V. DECISION A. Staff: Staff recommends approval of the modification to the DA with the changes noted in Section V.D as discussed above in Section IV. VI. EXHIBITS A. Existing Development Agreement Provisions (Inst. #104129529) 4. USES PERMITTED BY THIS AGREEMENT; 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under"City's"Zoning Ordinance codified at Meridian City Code Section 11-7-2(Kl which arc hmin specified as follows: Any future rises of the property shall be approved only through the conditional use permit process, Addidonally, either a public or private backage street generally parallel with Eagle RoadISH SS shall be incorporated into the design of the future site plans. A conceptual master plat demonstrating interconnectivity, transid09al rises, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C-G Zone. Page 3 Page 225 Item#7. 4.2 No change in the uses specified in this Agreement shall be allowed without Mo( ification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPER'l'Y: 5.A "Owner shall develop the"Property:'in accordance with the following special conditims: 1. R.emaral of any cxi5fing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the'SDwacrs"change the current use of"Propeny"or otherwise develop the"Property"in accordance with the terms hereof 2. Any future uses of the property shall be approved only through the conditional use permit process.In addition,there is a requirement that either a public or private backage stMet generally parallel with Eagle RoadlSH 55 shall be incorporated into the design of future site plans, A conceptual master plan demonstrating interconncctivity,transitional uses,access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schram meck properties, The following Comprehensive Plan policies (from C'hWer VI and VII) shall be applicable to these properties: Tr�ongfi2n'Policies Applicable to the B-)-'sMlSchrammcek Annexation: * "Large development pmposals that are likely to generate significant traffic should be assessed for their irnpact on the transportation system and surrounding land uses. They should be examined for ways to encoursge all forms of transportation such as transit,walking,and cycling. * New development should not rely on cut-da-sacs since they provide poor fire access,walkability,and neighborhood social life, New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic,Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step, Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupamcies,congestion on roadways can be decreased. Page 4 Page 226 Item#7. * Pathwa}s that encourage use by bicyclists and pedestrians can decrease road congestion and add to the corrimunily's quality of Life. The proposed off-street and multiple-use pathway systems are depicted in Figures V1-3 and V14. New and existing developments should ensure that the guidelines laid out in this plan are adopted. * Eagle Road is the major north-south arterial in Ada County. The capacity of this artena.l should be protected by minimizing the number and Iocation of private driveway ac;czss connections to this important roadway. The City should recognize,adopt,and help implement the Eagle Roars Access Control Study, prepared by ACHD in 1997." Medix se Dcvclopment Policies Arrntieable to the-Brysvn/Schrammeck Annexatign --- — — * "Where feasiblo,multi-family residential uses will be encouraged, especially for projects with the potential to serve as emplvymcnt destination centers and when the project is adjacent to State Highways 20-26,55 or 69, * In devclopments where multiple cornincreial andlor office buildings are proposed (not residential),the buildings should be arranged to create some form of cornrnon,usable area, such as a plaza or green space; * Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged.,, 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124- 13.Plans will need to be approved by the appropriate irrigation/drainage district.or lateral users association,with wrin=confirmation of said approval submitted to the Public Works Department. ment. Page 5 Page 227 Item#7. B. Legal Description&Exhibit Map for Property Subject to New Development Agreement Legal Dewriptiorl of The I'rolxerty A portion of the Southwest quatief of the Northwest quart-oral Se-ctiDn 4.1rmmship3Ntth, Range 1 East, Boise Meridian.more particularly described as loNows: Commai,cing at the Norlhwesl corner at the SmAhweat gwrtw of the NoMwesi quarter of Section 4, Township 3 Wrth. Range t East, Boise Meridian.Ada Coonty.Idaho,thexrce Smth along the Weg lido of said Section 4, a distance of 433,62 " bo the Real Point al Beginning:thence Sou Oh SY4W fast 231X feel to a paint, thence North 83050'East 114.57 feet to a point:thence Sou th 213.05 f eel to a poi nt; thence Wesl 300,00 feet to a point an the West line of said See tion 4 thence North 342.64 tee[1a the Point al Beginning. Excepting a 25 toot strip on the West side far high wziy right-af-way- Also Exceptkng a parcel al land being ors Me Easterly+side of the centertire of Stale Highway No. 55(Eagle Road) Project No. NH-F-3271(037)Highway Survey, ae. shown on the plans thereof now art file in the off ice of the Idaho Transportation Ceparlment, and bang a p&lion or the Southwest quarter of [Fie North*esI quarter of See Iion 4.Township 3 Nwh. Range 1 East. Boise Mefrtian. de sorted 861pllows to-wit: Commencing at the Northwest corder of the Southwest quarter of the Northwesl quarler of Section 4, Toms ship3 North, RarW t East. Boise Mendian that boars North 89:23'4r Wes 10.34 fen#from Station ISSM.73of Said SlateN ghwrallyNo. 55(Eagle Road). Project NH-F-3271(07)HighwaySuvey; the nee South Q*3613' West(shown d record to be South I aIaN the Wes line d said Southwest quader of the Northwest quarter a disianre of 76S.43 feet Is how n o1 record to be 776-26 "Q b the Southwest corner of the tract al land as described in that certain Wmranty peed dated Janumyr 24,197&rKorded January 24, 1975.as Instrument No- 9129%records of Ada Coonty. Idaho. said earner being a point in the centerline of said Slate Highway No. 55,1hat is coincident with Station 147466.37 of said Highway Surreyand being the Real Plsceof Beginring; Ihence South 89-23'47' East(shown of record I be E.asI)along the South line of said tract of Band 70.0 fret to a paint in a We parallel with and 70.0 feet Easterly frofn the rerrlerine and tears South 89-23'47' Ent Imm Station 147+66,31 of said Highway Survey: thence North 0 36'13- East along sand paralel line a distance of 29 1.0 5 lee110 a point in the Northerly line of said tract of land and being q*mitE Station 154+5?.35 of said Highweay+3lrwey; thence North 53'0347' West Ishown of recordlo be North 53 40'West)along sand Nod herlyfine 9620 feel to the l,t*M"m$t corner col said ir4cI of land,said oumer bung a poini i n the West fine of said South*vsI quarter of the Northwest quarter,said litres[lirte tieing coimidenl with the cenieriine of said State Highwalr No- 55, and said point be coincident wrllh Station 151+09.84 of said High way S urvey, thence South,0 3613' lest along said Nest line being coincid t with said centerine342,53"to the Real Place of Beginning. 1XI1111I]C F"UiE I I* i Page 6 Page 228 Item#7. I COPPER CANARY Y LEGAL DESCRIPTION EXHIBIT a1:w r.m PORTION OF THE SW 1A OF THE hW 14 OF SECn4N AV fir 4,T.W.R1 E„MiSE MERMAN.CRY OF MERC VA ADAGOLKrVJBNMO. BFiRMCS mO CAEUh f3 war v ar FREw AREWDuE PLATS WE TO OFFENENr wETFW OF W-�SuRE4ENM FEBRl,1,aRY= $GALE!i'■V SHEP7 1 OF i �v J I I.N. -165M ID L LAI 18350 L AFCEF2APl ESTVOLD TMIWofft(IIYHrWflOrlm,Ste.102 GHrnenClq,1083714 208.063.64M- wwwackermen-HHlvoldam Wiml.He ; FSi4[ KE. VAlkun.40 1 Huse lE Page 7 Page 229 Item#7. C. Proposed Conceptual Development Plan T A# � sp 1. fdt 1 ter' R�L�CATE❑ TRASH EMERGENCY ENCLOSURE EGRESS ONLY CONCEPTUAL SITE PLAN COPPER CANARY SITE WORK L Page 8 Page 230 Item#7. D. Proposed Development Agreement Provisions Staffs recommended changes to the proposed provisions are shown in strike-out/underline format. 1. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 1.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 1.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 2. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the Property shall no longer be subject to the terms of the Development Agreement recorded as Instrument No. 104129529. b. Development of the Property shall be generally consistent with the conceptual development plan depicted on Exhibit"C",attached hereto, and the provisions contained herein_ C. Owner/Developer shall make application for administrative Design Review. Future development shall comply with the structure and site design standards listed in the Architectural Standards Manual. Strict design review of all four sides of the remodeled existing building is required. d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south to E. River Vallgy St is provided. At such time,the temporary access to Eagle Rd./SH-55 shall be removed and the street buffer landscaping adjacent to Eagle Road shall be completed consistent with the UDC standards.Note: The access via N. Eagle Rd./SH--55 depicted on the conceptual development plan along the northern boundary of this site is not approved with this application. e. The drive aisle oft the east side of the Pr-epefty shall tefminate a4 the set4h boundafy o Teri is FiFe r.o...,..tment Cross-access easements shall be,granted to the properties to the north and to the south and recorded copies of the easements shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. f. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). Page 9 Page 231 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. A-19-1812: An Amended Ordinance (H-2017-0142— Summertown) for Annexation of a Parcel of Land Located in Government Lot 2 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 15.17 Acres of Land from RUT to TN-R (Traditional Neighborhood Residential) Zoning District in the Meridian City Code; Providing that Copies if this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules, and Providing an Effective Date Page 233 ADA COUNTY RECORDER Phil McGrane 2022-029046 BOISE IDAHO Pgs=4 NIKOLA OLSON 03/23/2022 12:10 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. A-19-1812 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER AN AMENDED ORDINANCE (H-201.7-0142— SUMMERTOWN) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 2 OF SECTION 1,TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT"A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 15.17ACRES OF LAND FROM RUT TO TN-R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Rudy E. Ward. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to the TN-R(Traditional Neighborhood Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. AMENDED ANNEXATION ORDINANCE—SUMMERTOWN(H 2O17-0142) Page 1 SECTION 7. This ordinance shall be in full force and effect from and after its passage,approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2211 day of March, 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO, this 22°d day of March, 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 22nd day of March , 2022, before me, the undersigned, a Notary Public in and for said State,personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian, Idaho My Commission Expires: March 28-2028 AMENDED ANNEXATION ORDINANCE—SUMMERTOWN(H 2O17-0142) Page 2 CERTIFICATION OF SUMMARY : William L. M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L. M. Nary, 1ty Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . A494812 An Amended Ordinance (Summertown H-2017- 0142) for annexation of a parcel of land located in Government Lot 2 , Section 1 , Township 3 North, Range 1 West, Ada Cunty, Idaho, and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 15 . 17 acres of land from RUT to the TN-R (Traditional Neighborhood Residential) Zoning District in the Meridian City Code ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] I I AMENDED ANNEXATION ORDINANCE — SUMMERTOWN (H 2O17-0142) Page 3 EXHIBIT A REVISED ANNEXATION DESCRIPTION FOR SUMMERTOWN SUBDIVISION A parcel of land located in Government Lot 2 of Section 1, T.3N., R.1W., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the N1/4 corner of said Section 1 from which the NE corner of said Section 1 bears South 89046'48" East, 2,662.21 feet; thence along the North boundary line of said Section 1 South 89046'48" East, 637.68 feet; thence leaving said North boundary line South 00*23'17"West, 338.03 feet; thence South 89046'48" East, 26.57 feet; thence South 00019'49" East, 595.07 feet to the NW corner of Lot 21, Block 7 of Vallin Courts Subdivision as filed in Book 93 of Plats at Pages 11,208 through 11,212, records of Ada County, Idaho; thence along the West boundary of said Lot 21 South 00019'49" East, 56.60 feet to a point on the North boundary line of Lot 8, Block 7 of said Vallin Courts Subdivision; thence along the North boundary line of said Vallin Courts Subdivision and the westerly extension thereof North 89048'21" West, 660.00 feet to a point on the North-South centerline of said Section 1; thence along said North-South centerline North 00019'50" West, 193.40 feet; thence leaving said North-South centerline North 89041'59"West, 20.00 feet to a point on the East boundary line of Crossfield Subdivision No. 2 as filed in Book 98 of Plats at Pages 12,407 and 12,408, records of Ada County, Idaho; thence along said East boundary line and East boundary line of Crossfield Subdivision No. 4 as filed in Book 104 of Plats at Pages 14,504 through 14,506, records of Ada County, Idaho North 00019'50"West, 796.80 feet to a point on the North boundary line of line of said Section 1; thence along said North boundary line South 89009'20" East, 20.00 feet to the REAL POINT OF BEGINNING. Containing 15.17 acres, more or less. NSy ✓$ 729 G. +�'C Page 238 EXHIBIT B POINT OF BEGINNING BASIS OF BEARING S89'09'20"E S89'46'48"E 2662.22' 20.00' W. USTICK RD. 1/4 S36_ _S89'46'48"E_ 637.68_'_ __ N89'46'48"W S3$S6 S31 o S1 2024.54' - Si Llj I o I RIGHT-OF-WAY�JI I SO'23'17"W NO. 109119216 -I 20.0' 338.03' J D_ 20.3' I I II EXISTING BUILDING I I can Z I I Om ZI xD 0 0(n Z < S89'46'48"E D o I 26.57' I DrD g f� I 04 r I o Z00I 15.17 ACRES to z ' Ln m `O `D 0 I -I m < II rn IL I Ln Z V Z> O I�I � I z IN89'41'59"W (o o 20.00' '� I co q q I -- - 56.60 dr N89'48'21"W 660.00' < a VALLIN COURTS SUB. 0) m J L �I rD O Ln m Z HO 5\ NSF SG�G Cl/4 0 729 S1 (P y j j j, two I �i P 25 100 400 �4y G.OP� 0 50 200 600 SCALE: 1 " = 200' z JOB NO. IDAHO 1450 E.WATERTOWER ST. REVISED ANNEXATION EXHIBIT DRAWING FOR 17-313 SURVEY SUTEI130 AN,IDAH083642 SUMMERTOWN SUBDIVISION SHEET N0. GROUP, L LC 12081 846-8570 LOCATED IN THE NW Y4 OF THE NE Ys OF SECTION 1 T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO